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HomeMy WebLinkAbout05780 - SONIKA LLC INDIAN CYN / I-10 INTCHG R/W ACQUISITION DOC # 2013-0119028 03/12/2013 09:29A Fee:NC RECORDING REQUESTED BY Page 1 of 15 Recorded in Official Records Attn: James Thompson County of Riverside City Clerk Larry W. Ward CITY OF PALM SPRINGS Assessor, County Clerk & Recorder Palm Springs, CA 92262 Way1111111111111111111111111111111111111111111111111111111 FREE RECORDING EM R U PAGE SIZE DA MISC LONG RFD COPY This instrument is for the benefit of the CITY OF PALM SPRINGS, and is entitled to be recorded without fee. A L 1 465 1 426 1 POOR NCOR*SMFrNCH'GEXAM (Govt. Code 6103) T: SS:ra/011613/001 PG/15.624 (Space above this line reserved for Recorder's use) PROJECT: 1/10 - Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, CITY OF PALM SPRINGS, a municipal corporation, ("Grantor' herein), Does hereby remise, release and forever quitclaim to SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantee' herein), all right, title, and interest Grantor has in the real property located in Riverside County, California, described in the Temporary Construction Easement Deed recorded on 9/22/2009 as Document#2009-491794, records of said County attached here to and made a pare hereto. 6-PS 1199 C1- PROJECT: 1/10 — Indian Avenue Interchange PARCEL: . CI-15 APN: 666-370-005 Dated: 'mgrb, tp_��� CITY OF PALM SPRINGS, a municipal corporation TBy-. �Lavid Hiu. Ready, City Ma er /a ,� ruriiU;/�� ATTEST: Gkts? 1 NE iu 1� 1l �ameshompson, City Clerk date -A APPROVED BY CITY COUNCIL s�� ���t� Rcs 293105 toll5�08 AS?80 e of California ) ) Ss County of ) On before me, a Notary Public in and for said County and S ersonally appeared who proved to me on the basis of satis evidence to be the son(s) whose name(s) is/are subscribed to the within instrument and a ledged a that he/she/they executed the same in his/her/their authorized capacity(ies), at by his/her/their signature(s) on the instrument the person(s), or the entity upon b of h the person(s) acted, executed the instrument. I certify under PENALTY OF JURY under the laws of the Ste of California that the foregoing paragraph is tr nd correct. WITNESS m nd and official seal. Si ure [SEAL] IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIII 1111 IIII © 29120£100t1�F ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On March 6, 2013, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 6th day of March, 2013: <PPM Sa �0 4� Z Y N S ^C44/FORN%P• Signature: ES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: QUITCLAIM DEED A5780 Document Date: March 6, 2013 I IIIII IIIIIII IIII IIII IIIIIII IIII IIIIIII IIIII III IIII A 20120£les28yF EXHIBIT"A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-15 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14. TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN AVENUE AS SHOWN ON CALTRANS MAP NUMBER 404563, ON FILE IN THE RIVERSIDE COUNTY SURVEYOR'S OFFICE AS FILED MAP NUMBER 204-484; THENCE ALONG SAID CENTERLINE OF 20TH AVENUE NORTH 0023'14" EAST 29.869 METERS; THENCE LEAVING SAID CENTERLINE S.89036'46"E., 12.192 METERS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOK 1808, PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE(12.192 METER HALF WIDTH)AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86, PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE N.00023'14"E., 36.909 METERS; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE S.89036'59"E., 5.000 METERS; THENCE S.00023'14"W., 37.098 METERS TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A 10.000 METER RADIUS; THENCE ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 75°40'29", AN ARC LENGTH OF 13.208 METERS; THENCE S.75017'15"E., 1.472 METERS; THENCE S.89036'33"E.,47.021 METERS TO A LINE THAT IS PARALLEL WITH AND DISTANT 73.162 METERS EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG SAID PARALLEL LINE S.00023'14"W., 5.193 METERS TO A POINT ON THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF 20TH AVENUE(NORTH FRONTAGE ROAD)(WIDTH VARIES), SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A 45.724 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS N.05°39'26"E.; THENCE WESTERLY ALONG SAID BOUNDARY, SAID RIGHT-OF-WAY, AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 5015'59", AN ARC LENGTH OF 4.203 METERS; THENCE CONTINUING ALONG SAID BOUNDARY AND RIGHT-OF-WAY N.89036'33"W., 41.536 METERS; Page 1 of 2 III IIIIIIIIIIIIIIIIII 1111111111111III III aa.�9140 15 0��3 f19ati EXHIBIT"A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-15 THENCE LEAVING SAID BOUNDARY AND RIGHT-OF-WAY N.44036'39"W., 21.554 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 446.6 SO. METERS, 4,807.4 SQUARE FEET, MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002594 TO OBTAIN GROUND DISTANCES. Ij�✓t° 14 /t7`, 7-1&-0? ��\,AND So MICR EL A. HAVENER, PLS 7354 DATE �`' �A.H9p G� EXP. 12-31-09 j S ,yam Exp.12/31/�7 1 N No.7354 Q. 9 j'FHIS DOCUMENT REVIEWER IBY PF OF CA \F'3 RIVERSIDE COUNTY SURVEYOR, BY: � rn7�✓.*� DATE' o o 4 Page 2 of 2 1111111II 1111 III IIII 1111 II11111 II II III II �ei 5a£1 15 0e2a9F EXHIBIT " B " TEMPORARY CONSTRUCTION EASEMENT 12.192 m S 8936'59" E /�5.000 m I THIS DOCUMENT REVIEWED BY un �� ! 1 RIVERSv'IDECOf.���Y UU�RVEYOR. DATE: o7/R3�o9 W ttI LLl -"R/W LINE PER DEED REC. 8/02/32 IN CT) of m BK. 86, PG. 92 O.R. z rn 73.152 m Q 17 LLB w w J FR LTT3 Q 3 �y 1/r APN 666-370-005 n r , " r Q L1., LLB c�i g ( 1 J 2:I, Jr'1 4 r C(.�Q N ip Z LL ( 3( J r �V] 2 ( ( 3 l LL —J a( Fn r / cyhf PARCEL En EI ti y ( �� CI-15 8 LL m i-, $r 7 8 /Tv. S 89.36'33' E 47.021 m ti N N'LY CAR. ?1'9 PAR. "A" PER /y w DEED TO STATE OF CALIFORNIA N 89'36'33" W 41.536 m \ / h REC. 10/18/55 o IN BK. 1808 BOUNDARY OF PAR. "A7 o PG. 127 O.R. PER DEED REC. 10/18/55 z 20 IN BK. 1808, PG. 127 O.R. N� IN TH E° LAND S(iI NVE ��5 RAF 8I Io �� o z1 iz P.O.C. CENTERLINE INTERSECTION PER CALTRANS MAP NO. 404563 EXP, 31 DEC 09 (CO. SURVEYOR MAP 204-484) �q7 No 73y�` LEGEND e DF CAt_ TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 446.6 SQ. METERS (4,807.4 SQUARE FEET) TABULATED CURVE DATA CURVE I DELTA I RADIUS I LENGTH P.O.C. PONT OF COMMENCEMENT Cl 175'40*29"1 10.000 m 1 13.208 m T.P.O.B. POINT OF BEGINNING C2 1 515'59 45.724 m 1 4.203 m DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR, NO. : CI-15 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY; KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE: 7-16-09 SHEET 1 OF 1 SHEET Ililll IIIIIII IIII IIIIIIIIIIIIIIIIIIIIIII IIIII III IIII 032AI6 of 15 00289E " C PY of Document Recorded on 'o 23 41 as No.4q/ RECORDING REQUESTED BY has not been compared with Orange Coast Title original. WHEN RECORDED RETURN TO: Attn: James Thompson RIVERSIDE COUNTY CALIFORNIA City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 S R I U PAGE SIZE DA MISC LONG RFD COPY Exemptfrom recording charges under Government Code§ 6103 M A L 466 426 PCOR NCOR SMF NCHG EXAM 12.308\103008\001 PG\COjw T: CTY UNI R51bo PROJECT: 1/10 — Indian Avenue Interchange s cxs.eR!T F:L.=_c FOR'R=x::u BY C11A11IG.C'JAST TITLE 06I11PAi4 PARCEL: CI-15 As AN Acccr.Ia.IODATION ONLY.rr APN: 666-370-005 HAS NOT BEEN EV MIHED AS TO ITS XECUTiON, 'S TO ITS EFFECT 0PiDkI n'_I;TI=. TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 50NIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the 'Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Number 666-370-005 referenced as Parcel CI-15 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subject to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the"Deed"): 1. The temporary construction easement, used during construction of the project consists of approximately four thousand eight hundred seven (4,807) square feet referenced as Parcel CI-15 and described on Exhibits "A" and "B attached hereto and made a part hereof. 2. The rights granted herein may be exercised for twenty four (24) months commencing on the date that the thirty (30) day written notice by City is delivered to Grantor in accord to the notice provision herein, and concludes at the end of four months of the grant of the easement, or the conclusion of the project, whichever shall be later. 3. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, impiements and other materials I i j IIIIIII IIIIIII IIII IIII IIIIIII(IIII IIIII III IIII IIII IIII 0'�Bt e0 f3 15 002�5F PROJECT: I/10— Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 thereon by Grantee, or Its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage Grantor's property in the process of performing such activities. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. It is mutually understood and agreed by and between the parties hereto that the right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 8. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 9. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor: LAKHWIN DER SINGH TURNA 7590 Fairway Drive Yucca Valley, CA 92284 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 E-mail address: JRForce@rc-facilities.org With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 E-mail address: Marcus.Fuller@palmsprings-ca.gov 2 IIIIIIIIIIIIIIIIIIIIIII IIIIIIII IIII II III 2918 f1 15 es��ea sa PROJECT: .I/10— Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 1C. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated .TaNw4,Ry to, Zotal contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 12. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 13. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this 3 IIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII 93 9R �AI9 fI0A2B PROJECT: , 1/10 — Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. GRANTOR: Dated: / W SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Lakhwinder Singh Turna, President CITY OF PALM SPRINGS, a municipal corporation APPROVED BY GI V 000NCUIL David H. Ready, City M ATTEST: By: a es Thompson, City Clerk APPROVED AS TO FORM: WO UFF, SPRADL S A T By: i f� /Dou as C. Hdllarad Esq., City Attorney I 4 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF j `UfV',-,0-a nn On I�Z v(�a c before me, 1'Qy c`l z Notary Public, personally appeared 10.1LVu,ii dfv S�Ua1,) 1 ury�G who proved to me on the basis of satisfactory evidence be the person(sj whose names) is/ate-subscribed to the within instrument and acknowledged to me that he/sjxe/they executed the same in his/her/their authorized capacity(ies), and that by his/ticfr/thdr signature(ps�on the instrument the person(zs , or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CllNDICE E.ETTER WITNESS my hand a official seal. b COMM. #1792098 a r M b - Notary Public-California z Riverside County o L4/i, It _ 111 M Comm.Expires Feb.26,ZOt2 Signature My Commission Expires: t--e Zi 'Z01'Z This area for official notarial seal I I �11,11,111pi Jill Jill 1111111111111111111111111111103292 zer f©55 3P I PALM Sp City of Palm Springs j Office of the City Clerk ~CO'•°e nieo ` '* 3200 L. Tahq Ulrz Cm von\x/iv - Palm Springs, Cal ilornia 9' 6' 0'q AP' Tel: (760)3°3-S204 - Paz: (760) 322-5332 - Vleb: wo e.palmsprings-ut.gov <I FCD R� CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 666-370-005 dated: January 20, 2009, from, SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 28th day of January, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 28th day of January, 2009. MES THOMPSON City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 20112 of 9 es 5 Post Office Box 2743 0 Palm Springs, California 92263-2743 EXHIBIT "A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-15 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN AVENUE AS SHOWN ON CALTRANS MAP NUMBER 404563, ON FILE IN THE RIVERSIDE COUNTY SURVEYOR'S OFFICE AS FILED MAP NUMBER 204-484; THENCE ALONG SAID CENTERLINE OF 20TH AVENUE NORTH 0023'14" EAST 29.869 METERS; THENCE LEAVING SAID CENTERLINE S.69036'46"E., 12.192 METERS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOK 1808, PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE(12.192 METER HALF WIDTH) AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86, PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE N.00023'14"E., 36.909 METERS; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE S.89036'59"E., 5.0D0 METERS; THENCE S.00023'14"W., 37.098 METERS TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A 10.000 METER RADIUS; THENCE ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 75040'29", AN ARC LENGTH OF 13.208 METERS; THENCE S.7501715"E., 1.472 METERS; THENCE S.89036'33"E., 47.021 METERS TO A LINE THAT IS PARALLEL WITH AND DISTANT 73.152 METERS EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG SAID PARALLEL LINE S.00023'14"W., 5.193 METERS TO A POINT ON THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF 20TH AVENUE(NORTH FRONTAGE ROAD)(WiDTH VARIES), SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A 45.724 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS N.05039'26"E.; THENCE WESTERLY ALONG SAID BOUNDARY, SAID RIGHT-OF-WAY, AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 5-15-59", AN ARC LENGTH OF 4.203 METERS; THENCE CONTINUING ALONG SAID BOUNDARY AND RIGHT-OF-WAY N.89036'33"W., 41.536 METERS; Page 1 of 2 IIIII IIIIIII IN IIII IIIIIII1III IIIII IIIIIIIII III IIII 0,1a of005 EXHIBIT "A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-15 THENCE LEAVING SAID BOUNDARY AND RIGHT-OF-WAY N.44036'39"W., 21.554 METERS TO THE TRUE POINT OF BEGINNING. THE ABOVE-DESCRIBED EASEMENT IS TEMPORARY AND SHALL EXPIRE ON the last day of the �14th month following the giving of nntica OR AT COMPLETION OF CONSTRUCTION, WHICHEVER OCCURS FIRST. IT IS UNDERSTOOD THAT UPON SAID TERMINATION DATE THE COUNTY OF RIVERSIDE HAVE NO FURTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SAID EASEMENT. CONTAINING 446.6 SQ. METERS, 4,B07.4 SQUARE FEET, MORE OR LESS. SEE EXHIBIT"B" ATTACHED AND BY THIS REFERE14CE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002594 TO OBTAIN GROUND DISTANCES. I� �17`0��.•-.�,V� 7-ib- 09 F. I_ANDS�. MICR EL A. HAVENER, PLS7354 DATE ��S�Qy�A•kq��LF� EXP. 12-31-09 s �1� EY-P.1J37lO;r' p T.ii�q�� U M MT kallE`."J B 9TFOF CA��F��� RIVERSIDE COUNNTY SURVEYOR. ' 6 DATE: o7�z3 ��4 41 I I� Page 2 of 2 IIIIII IIIIIII IIII IIII IIIIIII IIIII IIIII III IIIIII III IIII 201 e e �easa 14 o£ 15 TEMPORARY CONSTRUCTION EASEMENT 12.192 m S 89'36'59" E f S,DOD m ( i T`_S DOi;UME�iT R.FVTEWED BY j RTVEPSIDE tC0UN'7' SURVEYOR. E LL) -2 LLl LLl R/`A LINE PER DEED CT) Oi.) E E REC. B/02/32 IN — — BK. 86, PG. 92 O.R. �v o c L rn o CT) LLI W w P��;, W V2 C_) APN 666-370-005 r erg E M fir. c) J y CIO B,Ail 1 / t� ` � ��, 1 r i` r' f \ 1 PARCEL E N CI-15 o i L� mi "� —T.�•v.g. �S:ST Ir"j_�- z5s`3n'jJ� F 47,021 rt, N % N'L COR. PAR. A" PER 4r f! w DEED TO STATE OF CAUFOP,NIA N 89'36'33' W 41.536 REC. 10/18/55 —j Y sM IN BK. 1808 BOUNDARY OF PAR. "A" o PG. 127 O.R. PER DEED REC. 10/18/55 z IN BK. 1808, PG. 127 O.R. . N 120 TH ���PEL AND 9G�LF o f I o;F A P.O.C. CENTERUNE INTERSECTION PER EXP. 31 DEC os CALTA,NS MAP NO. 404563 * 4 (CO. SURVEYOR MAP 204-484) sTgr No 735� ��\P g LEGEND e OF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 446.6 SQ. METERS (4,807.4 SQUARE FEET) TABULATED CURVE DATA CURVE DELTA RADIUS I LENGTH P.O.C. POINT OF COMMENCEMENT I Cl 75'40'29"1 10.000 m 1 13.208 m T.P.O.B. POINT OF BEGINNING C2 1 5-15-59" 1 45.724 m 1 4.203 m DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. NO. : CI-15 OTHERWSE NOTED, MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. ---- DATA-16-09 SHEET 1 OF i SHEET II II I I III IIII II I ' I I III I II II II II ©a,20115 of 8 9159R RECORDING REQUESTED BY: ORANGE COAST TITLE COMPANY DOC # 2009-0447569 WHEN RECORDED MAIL 1 O: 08/27/2003 08:OOA Fee:NC Page 1 of $ Recorded In Off,cial Records CITY CLERK CITY OF PALM SPRINGS County of Riverside 3200 E. TAHQUITZ CANYON WAY Larry Ii, Ward PALM JAME SS Tf-IOMPSON Assessor, County Clerk $ Recorder ATTN: AME SPRINGS, CA IIr���l1�II�I�1I��II II) i rri I rr SON EXEMPT FROM RECORDING CHARGES aA M►$C LONG r�Fo copy UNDER GOVERNMENT CODE §6108 � EXAM , A L �465r a26 POOR HCCR SMF 7, C7Y UNI r' �a1 APN: 666-370-005 TRA: 061-105 011" ESCROW NO. 202470-2795 ORDER NO. 140-854697-66 GRANT OF EASEMENT DEED (Title of Document) S RI=CORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attn- James Thompson City Clerk GITY pF PALM SPRINGS 3200 E Tahqurtz Canyon Way Palm Springs,CA 92262 12.30$11030=001PG=jw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording charges under Government Code § 6103 GRANT OF F—ASEMENT DEED APN: 666-370-005 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue &Taxation Code § 11922. THE UNDERSIGNED SELLER DECLARES: FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, an easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within the real property in the County of Riverside, State of California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations")of record. 4. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2- All assessments imposed by a duly empowered governmental entity, whether or not of record- 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: /' '0�f O SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY SY:�� 'tuo�.�� Lakhwinder Singh Turna, President ACKNOWLEDGEMENT STATE OF CALIFORNIA ) )ss. COUNTY OF rL1VQV51 C( Q_ ) On before me, QADA( jU " Notary Public, personally appeared viAev ))ha t , who proved to me on the basis of satisfactory evide a to be the person(,whose name(s'is/Ve subscribed to the within instrument and acknowledged to me that he/sKI[Wy executed the same in his/hpr/thefr authorized capacity(ifiKf and that by hisllyer/thprir signature(sl'on the instrument the personcs-) or the entity upon behalf of which the personl4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TNESS my hand d official seal. CANDICEE.ETFER COMM. #1792098 x am Notary Public•California o t Riverside Counl� Si ature Comm.Ex res Feb.26,2Q12 My Commission Expires; ���. 2 o n_ This area for official notarial seal 1 of PALM s _,�- 'p- City of Palm. Springs * Office of the City Clerk O•+oxanv'S� # �2(1(1 E.`lWhclua[r(;1+1y4u1 rw.y • Pi1m Sprul-s,C:aldr,rL,i1 92202 � FpRC�j- Tel:(760)D.7-sN4 • r'a3L.(760) ?2 7-9D3_> * Wcb. www.palmspcings-ca.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit"A" APN: 666-330-370-006 dated: ,January 20. 2009, from, SONIKA, LLC A CALIFORNIA LIMITED LIABILITY COMPANY Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 41h day of March, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 20th day of March, 2009. AMES THOMPSON City Clerk Posr Office Box 2743 • Patti Sprites, CzJifornia 92263-2743 EXHIBIT"A" INDIAN AVENUE PUBLIC ROAD AND U nLIYY EASEMENT PARCEL CO-2 THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STAVE OF CALIFORNIA, AS SHOWN BY OFFICIAL. PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1855, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN AVENUE AS SHOWN ON GA,.TRANS MAP NUMBER 404563, ON FILE IN THE RIVERSIDE COUNTY SURVEYOR'$OPPIGE AS FILED MAP NUMBER 204-184; THENCE ALONG SAID CENTERLINE OF 20TH AVENUE N.0023'14"E,, 29.869 METERS, THENCE LEAVING SAID CENTERLINE S.89836'46"E., 12.192 METERS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A"IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOK 1808, PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE(12,192 METER HALF WIDTH)AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 55, PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE 5.44036'39"E., 21.554 METERS TO A POINT ON THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY RIGHT-COF_v.;yY LI^:E nr7 2rTW Ltd .::=r : S' r:`��nlnrr B-E_:r.;2 �i;vi7T;-i VAr� Ems;, �:.. , THE SOUTHEASTERLY END OF THAT CERTAIN 50 FOOT RADIUS CURVE DESCRIBED PER SAID DEED, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A 15 241 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS S.00023'27"W.; THENCE NORTHWESTERLY ALONG SAID BOUNDARY AND SAID NORTHERLY RIGHT-OF- WAY LINE OF 20TH AVENUE AND SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 89059'47",AN ARC LENGTH OF 23 940 METERS TO SAID EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE AND THE TRUE POINT OF BEGINNING. CONTAINING 66.3 SQ. METERS, (713,6 SQUARE FEET), MORE OR LESS, SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE S. MULTIPLY DISTANCES SHOWN I3Y 1.00002594TOOBTAIN GROUND DISTANCES. LAND�'1r A.h',g�, l•�, MIG AEI,A. HAV NER, PLS 7354 DATE Exp.iMilo ' � h i EXP. 12-31-09 cn No 735a � �I.w 9 � Page 1 of 1 �OF �� U" EXHIBIT "' B " PUBLIC ROAD AND Ul1LITY EASEMENT 1 i THIS DOCUMENT Rj---VIF-WED BY RIVERSIDE C-OUNTY SLIRVEYOR. BY. I �. w LLl lt� R/W LINE PER DEER ILL c10 REC. 8/02/32 IN 12.192 m BK. 88, PG. 92 O.R. n.d U� Lt1 w APN 666-370-003lie J� J� �_ cam+ Cfl � �� N r N'LY CDR. rl a PAR. "A" PER J Y J .�, DEED TO STATE OF CALIFORNIA - - REC, 10/111/55 tT- IN BK. 1808 Q 5r PG. 127 O.R. ;9 Jan aPARVI cb Co +tip - �1 3 BOUNDARY OF PAR, "A" PER DEED REC. 10/18/55 N 1 IN BK. 180$, PG- 127 O.R. 20TH 13' A 13 I VEND �-ANp TU CENTERLINE~ INTERSECTION PERy�� CALTRANS MAP NO. 404563 (CO. SURVEYOR MAP 204-484) LEGEND PUBLIC ROAD AND UTILITY EASEMENT EXP- 31 DEC 05 AREA � 66.3 SQ. METERS (713.6 51Q. FT.) p,p,C. POINT OF COMMENCEMENT pF CA��F T.P.O.B, TRUE POINT OF BEGINNING CWNTY OF RIVERSIDE PAR. N0. : CD- 2 DISTANCES ARE IN METERS UNLESS PREPARED BY KA/MH OTHERWISE NOTED. MULTIPLY DISTANCES BY 1,00002524 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE: 7-16-09 SHEET I OF 1 SHEET DOC # 2009-0491794 09/22/2009 08:00A Fee:NC Page t of 9 RECORDING REQUESTED BY Recorded in official Records Orange Coast Title Cbunty of Riverside Larry W. Ward p5505svr, County Clerk & Recorder At n�Naarn$°RampDED onTuRN TO: I 1111111111111111111111City Clerk IN 11111 IN CITY OF PALM SPRINGS 3200 L-,Tahquitz Canyon Way Palm Springs,CA 92262 S R U PAGE SIZE QA MISC LONG RFD COPY Exempt from recording charges under Government Code§6103 M A L 465 426 PGOR NCOR SMF NCI�G �AM 7 2.3081t 03008\001 FG1GOlw CTTLINI PROJECT' 1/10— Indian Avenue Interchange T HiS DXU:0Frrr Pit ED FAR RECORD w BY WNC-E`-GOAST TI-,LE COMPANY PARCEL: CI-15 AS AN ACCOu180DATICN ONLY.IT APN: 666-370-005 HAS NOT BEEN EXAMRSED AS TO ITS 0 FL E'XECU�ON OR AS To rrS EFi Eri UPON Ti-!:-:TITLE TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, . A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Number 666-370-005 referenced as Parcel CI--15 and described on Exhibits "A" and "B" attached hereto and made a part hereof. Subject to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"): 1_ The temporary construction easement, used during Construction of the project consists of approximately flour thousand eight hundred seven (4,807)square feet referenced as Parcel CI-15 and described on Exhibits "A" and "B attached hereto and made a part hereof. 2. The rights granted herein may be exercised for twenty four (24) months commencing on the date that the thirty (30) day written notice by City is delivered to Grantor in accord to the notice provision herein, and concludes at the end of four months of the grant of the easement, or the conclusion of the project, whichever shall be later. 3. The rights granted herein Include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and ether materials i PROJECT, 1/10— Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 thereon by Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage Grantor's property in the process of performing such activities. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement_ 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim Its interest in Such property to Grantor or Grantor's successor. 6. It is mutually understood and agreed by and between the parties hereto that the right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land a. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 9. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor: LAKHWINDER SINGH TURNA 7590 Fairway Drive Yucca Valley, CA 92284 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention; James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 E-mail address: JRForce@rc-facilities.org With a-Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Asslstant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 E-mail address; Marcus-Full er a@palmsprings-ca.gov 2 PROJECT: 1/10— Indian Avenue Interchange PARCEL.: CI-15 APN. 566-370-005 Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 10, Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective parry to all of the terms, conditions, and provisions therein, that his or her respective parry has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 11_ This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated 3r4 2,0 Zoe , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 12_ This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 13. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto, 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16- Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this 3 PROJECT: 1/10— Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. GRANTOR: Dated: SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: L,akhwinder Singh Turna, President CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY COUNCIL y David H. Ready, City M ATTEST: By: les Thompson, City Clerk APPROVED AS TO FORM: WO UFF, SPRADL SMA By: (7ou s C. H , Esq., City Attorney 4 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) )ss. COUNTY OF ) On I�Z0L'�b0 '[ , before me, _.G LC.,- t �-i--V , Notary Public, personally appeared i J4- kj ear S ,_._,I,1,��'trtq _._ , who proved to me Can the basis of satisfactory evidence tcO be the person(z) whose names-) is/are'subscribed to the within instrument and acknowledged to me that he/sire/tley executed the same in hislf er/their authorized capacity(ie4}, and that by his/h,ir/thor signature(pfon the instrument the person(), or the entity upon behalf of which the person(, acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C1t ME f E1 TEN WITNESS my hand a/rd,,official seal. COMM. #1792098 2 x Notary Public-CildOrrua Rivmde County �xC M Co m. res 9b.25.2012 5lgnature My Commission Expires: � ,l `z- This area for official notarial seat ok VALM S _ LPCity of Palm Springs * Office of the City Clerk �`,pknr 3_100 E.lhhquiri Canyon Way " Rdm Springs,Califorriia 92262 �"IIF; V, Tcl:(76o) 323-820-1 • Fax (760);22-8332 - Wrlr wwwPn1m")1r1n%;4-vL g,nv CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEER Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit"A" APN: 666-370r005 dated: January 20, 2009, from, SONIKA, L.LC, A CALIFORNIA LIMITED LIABILITY COMPANY Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 28Lh day of January, 2000, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 28th day of January, 2009. MES THOMPSON Gity Clerk Post Office Box 2743 • Palm Springs, Califoroia 92263-2743 EXHIBIT"A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL C1-15 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN AVENUE AS SHOWN ON CALTRANS MAP NUMOER 404553, ON FILE IN THE RIVERSIDE COUNTY SURVEYOR'S OFFICE AS FILED MAP NUMBER 204-484, THENCE ALONG SAID CENTERLINE OF 20TH AVENUE NORTH 0923'14' EAST 29.869 METERS; THENCE LEAVING SAID CENTERLINE S.89036'46"E., 12.192 METERS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOT: 1808, PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE.EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE(12.102 METER HALF WIDTH)AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86, PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THENCE ALONG SAID EASTERLY RIGHT-OF-VVAY LINE N.00023'14"E., 36.909 METERS; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE 5,89°36'59"E., 5,000 METERS; THENCE S.00°23'14"W, 37,098 METERS TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A 10 000 METER RADIUS; THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 75040'29", AN ARC LENGTH OF 13 208 METERS; THENCE 5.75017'15"E., 1.472 METERS, THENCE S.89036'33"E„ 47.021 METERS TO A LINE THAT IS PARALLEL WITH AND DISTANT 73,152 METERS EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG SAID PARALLEL LINE S.0002314"W., 5.193 METERS TO A POINT ON THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF 20TH AVENUE(NORTH FRONTAGE ROAD)(WIDTH VARIES), SAID POINT BEING THE. BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A 45.724 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS N.05°39'26"E THENCE WESTERLY ALONG SAID BOUNDARY, SAID RIGHT-OF-WAY, AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 5°15'59",AN ARC LENGTH OF 4.203 METERS; THENCE CONTINUING ALONG SAIL) BOUNDARY AND RIGHT-OF-WAY N.8V36'33"W., 41.536 METERS; Page 1 of 2 EXHIBIT"A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-1 5 THENCE LEAVING SAID BOUNDARY AND RIGHT-OF-WAY N.44°36'39"W., 21.554 METERS TO THE TRUI*POINT OF BEGINNING. THE ABOVE-DESCRIBED EASEMENT IS TEMPORARY AND SHALL EXPIRE ON the lfsiL d y nf--tha_ 24th month following -hba_)xjaa_of notice_ OFF AT COMPLETION OF CONSTRUCTION,WHICHEVER OCCURS FIRST. IT IS UNDERSTOOD THAT UPON SAID TERMINATION DATE THE COUNTY OF RIVERSIDE HAVE NO FURTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SAID EASI=MENT. CONTAINING 446.6 SQ. METERS, 4,$47.4 SOUARE FEET, MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE S. MULTIPLY DISTANCES SHOWN BY 1 00002594 TO OBTAIN GROUND DISTANCES. Wet,,42_ r 7-16-09 S>_A► Dso, MICR EL A. HAVENER, PLS 7354 DATE �`� �,1.A. EXP. 12-31-09 Exp.22131la� THIS DOCUMENT REVIEWED BY �0 RIVERSIDE COUNTY SURVEYOR. By., Page 2 of 2 EXHIBIT " B " TEMPORARY CONSTRUCTION EASEMENT 12.192 m S 89'36'59' E ____-_ — 5.000 m THUS DOCUMENT T REVIEWED BY I �. W L 1 I L L Y R/W LINE PER DEED d._..� - - _o REC. 8/02/32IN a, BK. 86, PG. 92 O.R. CD o w w t'J APN 666-370-005 c-'l LI5 E'ca N7 `¢ J P(3a 1 z ..— -,. cv Ma zLu ARCS- � r C�--15 � a LO rn C� r —Ti.n..^,.I�i. I;r��` i �� S 89'36',53" E a7 f1,}t -" f N'LY CDR. PARR. "A" PER w DEED TO STATE OF CALIFORNIA N $9'3633 1hr 41.536 m SY7 REC. 10/18/551 IN 6K. 1808 BOUNDARY OF PAR. A w( 8 1 w Q PG. 127 O.R. PER DEED REC. 10/18/55 I Am IN BK. 1808. PG. 127 O.R. v IN LANDS Pi 1-M CENTERLINE INTERSECTION PER 144 EXP. 31 DEC 09 CALTRANS MAP NO. 404563 (CO. SURVEYOR MAP 204-484) ��r gyp. 73 N a LEGEND OF CAG�4Q TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 446.6 SO. METERS (4,807.4 SQUARE FEET) TABULATED CURVE DATA P.O.C. POINT OF COMMENCEMENT CURVE DELTA " RADIUS LENGTH Cl 7S'40 29 10.000 m 13.208 m T,P.O.B, POINT OF BEGINNING C2 515'59"1 45.724 m 1 4.203 m DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR, NO. 0I-15 OTHERWISE NOTED, MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1,00002594 TO OBTAIN GROUND PROJECT. 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE, 7—ts—os SHEET 1 OF 1 SHEET Stewart Title of California, Inc ELewart M p." 78-900 Avenue 47, Suite 112 title of california, inc. La Quinta, CA 92253 — (760) 771-4645 Phone (760) 771-5854 Fax August 28,2009 J City of Palm Springs Arn: James Thompson, City Clerk 3200 E.Tahquitz Canyon Way �•" Palm Springs,CA 92262 c. ca o - RE: Escrow Number 202470 Property Address portion apn 666-370-005 Riverside County, California The above escrow closed on August 28,2009; in connection therewith we enclose the following: Check in the amount of$17,822,00 Final Closing Statement(PLEASE RETAIN FOR TAX PURPOSES) Recorded documents to which you are entitled will be mailed to you by the County Recorder's Office. Any other documents to which you may be entitled will be forwarded to you as soon as they are available, COUNTY TAXES ON REAL PROPERTY ARE DUE AS FOLLOWS: First installment due November 1st and delinquent after December 10th - and Second installment due February 1st and delinquent after April loth. If you do not receive a Tax Bill one month prior to the due date,please contact your County Tax Collector. Should you have any questions, do not hesitate to contact your Escrow Officer,Peggy Baumgardner. We appreciate your business and look forward to working with you again. Sincerely, Stewart Title of California,lne. Peggy Baumgardner Escrow Manager (760)262-3794 Fax yV (r) . peggy.baumgardner@stewart.com Enclosures aaow Nmii .R036)0-puecW-Bnya 1 W, Page 7 Of 1 Buyer's Final Closing Statement 8128/09 4:20 PM File 202470 Stewart Title of California, Inc. (760) 771-4645 Buyer's Final Closing Statement Buyer(s) City of Palm Springs,3200 E.Tahquitz Canyon Way,Arm.James Thompson,City Clerk,Palm Springs,CA 92262 Scllor(s) Sonika,LLC,7590 Fairway Drive,Yucca Valley,CA 02284 Lender Property portion apn 666-370-005,Riverside County,CA Closing date 8/28/2009 Proration date None Bank RVRUBL-Union Bank of California 90-113254 Escrow Unit 2795-SC-Peggy Baumgardner Escrow Officer Peggy Baumgardner Debit Credit ContractSales Price............................................................................................................................... 14,92$.00 Deposits: Deposit or eamest money from City of Palm Springs..................................... ...................................... 17,358.00 Additional Credits: Additional Deposit from City of Palm Springs............. ....... ............. ............. ......................... 17,358.00 Title Charges: Settlement or closing fee to Stewart Title of California,Inc............................................................... 1,500.00 Title insurance to Orange Coast Title Company$450.00 .............. ...... Owner's coverage to Orange Coast Title Company Liability amount$14,923.00............................................................................................. ................... 450.00 Recording Faes/Transfer Charges: Recording fees:to Orange Coast Title Company Release$21.00.......................................... .......... .......... ............... ................ ..................... 2100 Subtotal: 16,894.00 34.716 00 Balance due to Buyer: 17,822.00 Totals: 34,715.00 34,716.00 Page 1 I i '. Stewart Title of California, Inc t78-900 Avenue 47, Suite 112 title of califo'rnia, inc. La Quints, CA 92253 (760)771-4645 Phone (760) 771-5854 Fax Date r August 6,2009 Escrow Officer Peggy Baumgardner Escrow Number 202470 Property Address portion apn 666-370-005 Rlverkde County, California AMENDMENT TO ESCROW INSTRUCTIONS STE\WART TITt.r•,OF CALIFORN IA,INC. IS LICENSED ISY THE STATE OF CALIFORNIA UNDER THE DEPART iM ENT Or IN$IfRANCE LICENSE NO.388 ESCROW INSTRUCTIONS DATED MARCII 27, 2009 AND ANY AND ALL AMENDMENTS THERETO ARE HEREBY AMENDED IN THE FOLLOWING PARTICULARS ONLY: All references to"Grant Deed"shall be "a-ant of Easement Deed". Exhibit C Form Grant Deed is deleted in it's entirety. Legal Description for Grant of Easement Deed is amended as per attached legal description. By Comerica Bank's execution of this amcndment, they are accepting the amended legal description for use on their Partial Reconveyance. Escrow holder is authorized and instructed to replace existing legal descriptions for the attached on both the Grant of Easement Deed and the Partial Reconveyance_ Approved as to Legal Description: Comerica Bank By: All other terns and conditions to remain the some. I have received a copy of these instructions as evidenced by my signature below. i e-zmw Nmocm aazmn-A =4 F�111aL npvad&11 Lv Pagc 1 of Seller(s): I Sonika,LTC, a California limited liability company By: By: Buyer(s): City of Palm/Sprigs, a municipal corporation �y_ A f Ckv A Gagcv APPROVED BY ffy. COU,%CIL I I i I rxn—"- 2-0-•—d�mn Surud SMILw Pagc2 oft EXHIBIT"A" INDIAN AVENUE PUBLIC ROAD AND UTILITY EASEMENT PARCEL CO-2 THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN AVENUE AS SHOWN ON CALTRANS MAP NUMBER 404563, ON FILE IN THE RIVERSIDE COUNTY SURVEYOR'S OFFICE AS FILED MAP NUMBER 204-484; THENCE ALONG SAID CENTERLINE OF 20TH AVENUE N.0023'14"E., 29.869 METERS; THENCE LEAVING SAID CENTERLINE 5.89035'46"E., 12,192 METERS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOK 1808, PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE (12.192 METER HALF WIDTH)AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86, PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.- THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE S.44°36'39"E., 21,554 METERS TO A POINT ON THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY RIGHT-OF-WAY LIHE OF 20THAVENUE Afl!D T H VAR 1Es", SAID POINT BEING THE SOUTHEASTERLY END OF THAT CERTAIN 50 FOOT RADIUS CURVE DESCRIBED PER SAID DEED, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A 15.241 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS S.00023'27"W_; THENCE NORTHWESTERLY ALONG SAID BOUNDARY AND SAID NORTHERLY RIGHT-OF- WAY LINE OF 20TH AVENUE AND SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 89059'47", AN ARC LENGTH OF 23.940 METERS TO SAID EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE AND THE TRUE POINT OF BEGINNING. CONTAINING 66.3 SO. METERS, (713.6 SQUARE FEET), MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES yF SHOWN BY 1.00002594 TO OBTAIN GROUND DISTANCES. 14-9 LAND a F� SU G > . „•y � ! MIC AELA. HAV NER, PLS7354 DATE E EXP. 12-31-09 Qnp No.7354 .� Page 1 of 1 F°�cAG�Fo Ow I EXHIBIT B PUBLIC ROAD AND UTILITY EASEMENT T FETS �JCUMFW Rl VIEYVED BY 4 i ��l'EZSlDE COUNTY SURVFYOF. IIIfE BY: - Lli LL1 Lll R/W LINE PER DEED LLLL er) cf7 12.192 m REC. IN BK. 86, PG.PG. 92 O.R. 1i,xi �_ h < wa LLB w APN 666-370-005 �Jr� 4f�1 �I 2of E ro r' -1411 L-)- LLI T.P.O.B. TOR. , ri if CT) ~ PAR.WILY C"A"" PER r r DEED TO STATE J, ,r, IV], OF CALIFORNIA 4 LL REC. 10/18/55 LLIr s IN BK. 1808 PG. 127 O.R. PAt�CtL N C" \'s�9s CO-2 970 )j BOUNDARY OF PAR. "A" PER DEED REC. 10/18/55 z i IN BK, 1808, PG. 127 O.R. � 20 TH 1 Ur P.O.C. CENTERLINE INTERSECTION PER �p LANb gU CALTRANS MAP NO. 404563 w$ 4 A HyV Lin (CO. SURVEYOR MAP 204-484) •� �`� F Toa LEGEND f� PUBLIC ROAD AND UTILITY EASEMENT EXP. 31 DEC 09 AREA = 65.3 SQ. METERS (713.6 S4. FT.) P.O.C. POINT OF COMMENCEMENT ST9rf�� CA1b�FO�a`� iq I T.P.O.B_ TRUE POINT OF BEGINNING S DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. NO. : CO-2 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. DATE: 7-16--09 SHEET 1 OF 1 SHEET Buyer's Estimated Closing Statement 6(30/09 7 52 AM 10 File 202470 Stewart Title of California, Inc. (760) 771-4645 Buyer's Estimated Closing Statement Buyer(s) City of Palm Springs,3200 E.Tahquilz Canyon Way,Attn James Thompson,City Clerk,Palm Springs,CA 92262 Scller(s) Somka,LLC,7590 Fairway Drive,Attn Lakhwlnder Singh Turns Yucca Valley, CA 92284 Lender Property portion spin 666,370.005.Rlvcrsde County,CA Closing date 7/10/2009 Proration date 711 012 0 0 9 Bank RVRLIBL-Union Bunk of California 90-113251 Escrow Unit 2795-80-Peggy 8aum9ardner Escrow Officer Peggy Baumgardner Debit Credit Contract Sales Price............................................................................................................................... 14,9z3.00 Title Charges: Settlement or closing fee to Stswart TIUe of California.[no.. .................................. 1,500.00 Title Insurance to Stewart Tllle or California,Inc. $700.00.............................. .. ....... . .................... Owner's coverage to Stewart Title of California,Inc Liability amount$14,923.00.............. ........... .. . . .................................. . ..... . 700.00 Recording reesfTransfer Charges: Recording fees;to 5tewart Tltlu of Callfornia,Inc. Release335.00................................................... .... ...... ....... 35.Oo Additional Charges: Refundable Pad to HOLD.......................... ...... . .... .... ... ... . .... 200.00 Subtotal. 17,358,00 Balance duefrom Buyer. 17,358.00 Totals. 17,358.00 17,358,00 The parties herein have bean advised that the foregoing amounts are estimstesonly. We therefore,authorizethe abevocaptioned Escrow Holdcr to change estimated amounts to frial amounts owing,to satisfy the items authorized, and to close escrow, City of Palm Springs APPROVED BY CITY COUNCIL As 'to P•CP /J. — �..xn.r• �fir� / C4?rr iaamnQ � Page 1 ttste '•, Stewart Title of California,Inc stewart ." La Qui Avenue 22 Suite 112 53 title of california, inc. (7 0)771, 64 92 Phone (760)771�G45 Phone (760)771-5854 Fax WIRE INSTRUCTIONS ESCROW TRUST ACCOUNT Please find below Wiring Instructions for Escrow#202470 Effective rune 30, 2009 All funds wired should be directed to: Bank Union Bank of California Address 1980 Saturn Street City/State Monterey Park CA 91755 ABA 12200049E Credit To Stewart Title of California, Inc. La Quinta Office Account No. 9100850084 Reference Escrow Officer- Peggy Baumgardner Escrow Number- 202470 Escrow Unit No. -2795 If you have any questions regarding this matter,please do not hesitate to contact this office. «MW H;Mber±ozn;n.wife ummedmm e..e,. Page I of I A � /►/ { x„ Stewart Title of California,Inc �se 0/�alp•' L OY ." 78-900 Avenue 47, Suite 112 v LL w w ■ LL ■, La Qumta,CA 92253 title of cahfornia, inc. (760)771-4645 Phone (760)771-5854 Fax Date August 6, 2009 Escrow Offrecr Peggy Baumgardner Escrow Number 202470 Title Order No. 202470 Properly Address portion apn 666-370-005,Riverside County, CA PRET,TMfNARY REPORT APPROVAL The undersigned Buyer and Scller hereby aclmowledge receipt of a copy of the Preliminary Report issued by Orange Coast Title Co. . under Order Nog54697 dated Match 13, 2009 and approve the legal description of subject property shown on Schedule A of the report. Buyer Approval: Buyer herein hereby approves Items A, C, 1-8 of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written. Further, Buyer hereby acknowledges receipt and approval of the Covenants, Conditions and Restrictions, if any. I have received a copy of these instructions as evidenced by my signature below. Buyer(s): I City of Palm prings, a municipal corporation Date: i it A,tcfeM nvC.ef'Pss -�� APPROVED By CITY COU ICIL i I . P mrNnnibe 2470 Fr 12Lnppnw]D ys Okr Page I of I i §rowan ,n'� Stewart Title of California,Inc 78-900 Avenue 47, Suite 112 title of California, inc. La Quints, CA 92253 (760)771-4645 Plionc (760)771-5854 Fax Date August 6,2009 Escrow Officer : Peggy Baumgardner Escrow Number 202470 Title Order No. 202470 Property Address portion apn 666-370-005,Riverside County, CA PRCLiMINARY REPORT APPROVAL The undersigned Buyer and Seller hereby acknowledge receipt of a copy of the Preliminary Report issued by Stewart Title of California, Inc-under Order No.202470,dated Maxeb 13,2009 and approve the legal description of subject property shown on Schedule A of the report. Buyer Approval: Buyer herein hereby approves Items A, C, 1-8 of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written. Further, Buyer hereby acknowledges receipt and approval of the Covenants, Conditions and Restrictions,if any. I have received a copy of these instructions as evidenced by my signature below. Buyer(s): City of Pa-lmm 'ngg, a municipal corporation By: C/ YL nL� w �r T'i' Date: /I GaZ T3 :15 541 � •�@Zss i° i ry APPROVJ 3Y CITY COUNCIL Lc wNuniW—U,170 rainnftrw IBUy 961n Page 1 of 1 i i f Order No. 140-854697-66 ' ORANGE COAST TITLE COMPANY BUILDER SERVICES/COMAM'RCIAL DIVISION t 3536 CONCOURS DRrVF,##120 ONTA12T0, CA 91764 � UPDAT.ND PRELIIVIINAItYILE.pOItT I STEWART TITLE OF CALIFORNIA INC. 78.900 A•V12NUL 47,SUITF 112 LA QUINTA,CA 92253 YOURNO.: SONIICA ATTENTION: PEGGY13AUMGARDNBR ORDER NO: 140-854657"66 PROPERTY ADDRESS: 20000INDIAN AVENUE RIVERSIDE,CA 92506 DATED: MARCH X 2009 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, ORANGE COAST TITLE BUILDER SERVICES HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF TBB DATE HEREOF,A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING TEE LAND AND THE ESTATE OR INTEREST TEERMIN EERMINAFTER SET FORTE,ENSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY P.P-ASON OF ANY DEFECT,LIEN OR 2NCM0RANCM NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRTNCL-D SCHEDULES,CONDITIONS AND STIPULATIONS OF SAID PC=FORMS. TEE PRINTED EXCEPTIONS AND EXCLUSIONS FROM TPIE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SPIOUL➢BE READ- THEY ARE AVAILABLE FROM THE OFFICE, VMCH ISSUED TU[S REPORT. PLEASE READ TBE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND TIM EXCEPTIONS AND EXCLUSIONS SET FORTH IN EX>IIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS, WFIICH ARE NOT COVERED UNDL.R TEE. TERMS Or TaE MLL INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE TITAN THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO TILE CONDITION OF TITLE AND MAY NOT LIST ALL LMNS,DEFECTS,AND ENCUMBRANCES AFFECTING TTILB TO TIIC LAND. TMS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR TILT PURPOSE OF rACH.ITATING TIM ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITX• IS ASSUMED HERESY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SPIOUID BE REQUESTED. THE POLICY OR POLICIES Or TITLE INSURANCE CONTEMPLATED BY THIS REPORT WILL BE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY. • DATED AS OF MARCH 13,2009 AT 7i30 AM. HEI.EN 1014NSON TITLE OFFICER HELBNI e[J,OCTITLE.COM PRONE(909)989-5433 B'AX(909)297-Z47 ` T.RE FORM OF POLICY OF TITLE INSURANCE CONT.L•MPLATED BY THIS REPORT IS: PREELVIINARY REPORT i 1 V Ozdcc No. 140-854697-66 SCMI�DTILD"A" THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITTLE TO SAID ESTATE OR INTEREST AT TIIE DATE HEREOF IS VESTED IN: SONIKA,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY THE LAND REFERRM) TO IN TWS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAY BERNARDINO BASE AND MERIDIAN,AS SHOWN BY OFFICIAL.PLAT OF SAID LAND APPROVED BY TILE SURVEYOR GENERAL FEBRUARY 29,1056, DESCRIBED AS FOLLOWS! BEGINNING AT THE.MOST NCRTIMRLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS"A"IN DEED TO THE STATE OF CALIFORNIA RECORDED OCT02ER 1 S,1955 IN BOOK 1808 PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,SAID MOST NORTHERLY CORNER BEING ON THE EAST LINE OP INDIAN AVENUE AS DESCRIBED IN DEED TO TFM COUNTY OF RIVERSIDE RECORDED AUGUST 2,1932INIODIC 86 PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,DISTANT ALONG SAID EAST LINE NORTH 0"14'00"EAST,1,366A4 FEET,MORE OR LESS,FROM TILE SOUTH LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL,SOUTHERLY AND EASTERLY ALONG ANON- TANGENT CURVE CONCAVE NORTHEASTERLY WITH A,RADIUS OF 5 0.00 FEET,FROM AN INI'R7AL TANGENT BEARING SOUTH 0'14 00"WEST AND THROUGH A CENTRAL ANGLE OF 900 OT A➢ISTANT OF 78.54 FEET,, THENCE CONTINUING ALONG SAID BOUNDARY,SOUTH 89'46.00"EAST,136.23 FEET;THENCE CONTINUING ALONG SAID BOUNDARY,EASTERLY AND SOUTHERLY ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITU A RADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 5"16 02"A DISTANCE OF 13.79 FEET TO A LINE PARALLEL WITH AND DISTANT 240.00 FBET EASTERLY MEASURED AT RIGHT ANGLES FROM TEE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE LEAVING SAID BOUNDARY,NORTH 00 14!00"EAST,ALONG SAID PARALLEL LINE,200.63 FEET TO A LINE PARALLEL WITH AND DISTANT 200.00 FEET NORTHERLY,MEASURED AT EIGHT ANGLES FROM THAT CERTAIN COURSE IN SAID BOUNDARY HEREIN RECITED AS"SOUTH 89.46'00"EAST,13623 FEET"AND ITS WESTERLY AND EASTERLY PROLONGATIONS;TULNCE NORTH ST 40 00"WEST,ALONG THE LAST-MLRJTIONED PARALLEL LINE,240,00 FEET TO SAID WEST LINE; THENCE SOUTH 0.14'00"WEST ALONG SAID WEST LINE 150.00 FEET TO A POINT THAT BEARS NORTH 99"46 00"WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 89'4G 0Y EAST 40.00 FEET TO THE POINT OF BEGINNING. EXCEPT ALL RIGHT,TITLE AND INTEREST,IF ANY,AND TO ANY OIL,GAS AND OTHER MINERALS(INCLUDING,WITHOUT LIMITATION,HELIUM,LIGNITE,SULFUR,PHOSPHATE AND OTHER SOLID,LIQUID AND GASEOUS SUBSTANCES), REGARDLESS OF THE NATURE THEREOF AND WHETHER SINULAR OR DISSIMILAR BUT ONLY TO THE EXTENT ANY OF THE FOREGOING IS IN ITS NATURAL.STATE AND NATURAL LOCATION AND NOT SUBIECT TO THE DOMINION AND CONTROL OF ANY PERSON,AND,UPON THIRTY(30)DAYS PRIOR WRITTEN NOTICE TO GRANTEE,THE RIGHT TO MI ORE FOR,DEVELOP AND PRODUCE SAME,AS WELL AS THE EIGHT TO LEASE SUCH PORTION OF THE PROPERTY HEREBY RESERVED FOR SUCH PURPOSES,AND ALL MINERAL AND ROYALTY RIGHTS WHATSOEVER IN,ON,UNDER AND PERTAINING TO THE PROPERTY;EUT GRANTOR,ITS SUCCESSORS AND ASSIGNS,SHALL HAVE NO RIGHT TO-USE,OR RIGF,T OF INGRESS TO DR EGRESS FROM ANY PART OF THE SURFACE OF THE PROPERTY FOR EXPLORATION AND PRODUCING PURPOSES,EXCEPT WITH RESPECT TO(1)CURRENT ACTIVITIES AT AND ANY EXISTING CONTRACTUAL OR LEASEHOLD RIGHTS GRANTED TO 79 RD PARTIES AND(I1)ANY ADDITIONAL ACTIVITIES WHICH HAVE BEEN CONSENTED TO IN WRITING BY GRANTEE,WHOSE CONSENT SHALL NOT BE UNREASONABLY WITILI-MLD,BXCEFT AS SET FORTH IN THE PRECEDING SENTENCE,ANY OIL AND GAS DRILLING OPERATIONS,SHALL BE CONDUCTED BY MEANS OF WELLS,TIDE SURFACE LOCATIONS OF WHICFI ARE ON OTHER LANDS AND 77MCPI MAY BE DRILLED INTO AND BOTTOMED IN OR UND13R THE PROPERTY,GRANTOR SHALL EXERCISE ITS RIGHTS UNDER THE FOREGOING MINERAL OIL AND GAS RESERVATION SO AS NOT TO DISTURB ANY IMPROVEMENTS,INSTALLATIONS,-PETROLEUM OR OTHER PRODUCTS CONTAINED IN SUCH IvT OVEMENTS OR INSTALLMENTS OR SURFACE ACTIVIPIES ON THE PROPERTY. GRANTOR IS TO RECEIVE.AND RETAIN ALL BONUSES,RENTALS AND ROYALTIES PAYABLE UNDER ANY SUCH MINERAL, OIL AND GAS LEASE OR LEASES,GRANTOR MAY ASSIGN,TRANSFER,SELL OR CONVEY SUCH OIL,GAS AND MINERAL RESERVATION TO ANY PERSON,CORPORATION,PARTNERSHIP OR OTHER ENTITY EY DEED RECORDED AUGUST 5,3998 ,j AS INSTRUMENT NO.98-325460 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALTORNIA. i j -2- 1 Property Tax payments- Search Results Page I of I Riverside County, California ���= `�� �• ' Office of the Treasurer-Tax Collector Home Search Last Search Results Payment List FAQ Contact Us Property Tax P Property Tax Payments - Search Results Listed below are all taxes related to the assessment number you entered that are due at this time. If) supplemental number and it is not listed below, it may be included in the Secured Prior Year Assess paid. To make a payment, select an option in the Payment List column. For Secured and Supplemental property taxes the first installment must be paid on the Payment List installment can be added. Secured Assessments View Assessment# Installment Mepate Status Amount slew lax Info 666370005-5 1st 12-10-2008 Paid 53,264.21 2nd 04-10-2009 Paid S3,26421 W Proceed b i I I https://taxpayments.00.riverside.ca.us/ScaTcliResulU-aspx 6/30/2009 Ozdc No. 140-354997-66 SCBEDTJLE"B" AT TEE DATE HEREOF EXCEPTION TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSION CONTAINER IN SAID POLICY FORM WOULD BF AS FOLLOWS: A- GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2009-2010, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXB3. A LIEN NOT YET PAYABLE. B. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2008-2009, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES. TOTALAMOUNT $6,528.42 1STINSTALLMENT $3,264.21 PAID 2ND INSTALLMENT $3,26421 OPEN PENALTY $346.42(AFTER 4-10-09) CODE AREA 061.105 PARCEL NO. 666-370-005.5 EXEMPTION SNONE C THE LIEN OF SUPPLEMENTAL,TAXES,IF ANY,ASSESSED PURSUANT TO THE PROVISIONS OF SECTION 75, ET SEQ.OF TI3E REVENUE-AND TAXATION CODE OF THE STATE OF CALIFORNIA, ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITIES DISTRICTS AFFECTING SAID LAND, WHICH MAY EXIST BY VIRTUE OF ASSESSMIENT MAPS OR NOTICES PILED BY SAID DISTRICTS. ARTY UNPAID AND/OR DELINQUENT BOND OR ASSESSMENT AMOUNTS WHICH MAY HAVE BEEN REMOVED FROM THE ROLLS OF THE COUNTY TAX ASSESSOR AND W1RCH MAY RAVE BEEN REMOVED FROM THE TAX BILLS AND TAX DEFAULT REDEMPTION AMOUNTS. 1) AN EASEMENT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN AN INSTRUMENT RECORDED: AUGUST 2,1932 IN BOOK 86 PAGE 9.2,OFFICLAL RECORDS. FOR - FUBLIC ROADWAY AND INCIDENTAL PUFUIOVU AFFECTS: SAID LAND- THE LOCATION OF SAID EASEMENTS SET FORTE THEREIN • 2) THE FACT THAT THE OWNERS HAVE NO RIGHT OF VEHICULAR ACCESS TO THE FREEWAY,EXCEPT THE PUBLIC RIGHT TO TRAVEL SAME-.. SAID RIGHTS HAVE. BEEN RELINQUISHED BY AN INSTRUMENT RECORDED OCTOBER 18,1955 IN BOOK 1806 PAGE 127,OFFICIAL.RECORDS. SAID LAND, HOWEVER, ABUTS ON A PUBLIC THOROUGHFARE OTHER THAN THE ONE REFERRED TO . ABOVE,OVER WMCH PlOHTS OF VEHICULAR ACCESS HAVE NOT BEEN RETSNQUTSHED, 3) COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED OCTOBER 18, 1968 AS INSTRUMENT NO. 100338,OFFICIAL RECORDS,WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DBBD OF TRUST MADE IN GOOD FAITEI AND FOR VALUE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,RELIGION,SEX,HANDICAP,FAMILIAL STATUS,OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B)RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. "NOTE! SECTION 12956,1 OF THE GOVERNMENT CODE PROVIDE THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX,FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTgICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTION UNDER STATE AND FEDERAL. LAW ON TIT:AGE OF OCCUPANTS IN SENIOR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTION BASED ON FAMILLSL STATUS." 4) THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ACCESS AGREEMENT" RECORDED DECEMBER 28,2000 AS INSTRUMENT NO.00-516679 OF OFFICIAL RECORDS -3- Ocdec No. 140-854697-65 5) THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED"ENVIRONMENTAL BASELINE" RECORDED DECEMBER 28,2000 AS INSTRUMENT NO.DC-s 166N OF OFFICIAL RECORDS 6) AN UNRECORDED PURCHASE AND SALE AGREEMENT,UPON THE TERMS,COVENANTS AND PROVISIONS THEREIN PROVIDED AND DISCLOSED BY A DOCUMENT EN=ED: ENVIRONMENTAL BASELINE AGREEMENT i DATED: SEPTEMBER29,2000 VENDOR EQUILON ENTERPRISES,LLC VENDEE: CHEROKEEFESTIVAL HOLDING,LLC I 7) RIGPITS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASBS, 19 ANY. PLEASE POEWARD SAID LEASES FOR OUR EXAMINATION. 8) ANY FACTS,RIGHTS,INTEREST OR CLAIMS WIIICH MAY BE SHOWN BY AN INSPECTION OF THE LAND OR WHICH MAYBE DISCLOSED BY.NQUI RY OF PERSONS IN POSSESSION OF SAID LAND, 9) A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF AMOUNT: S732,000.00 TRUSTOR LAl<HWINDF.R S. TURNA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: COMEMCA BANK BENEFICIARY: COMMRICA BANK DATED: TUNE 22,2004 RECORDED; 7ULY 6,2004 AS INSTRUMENT NO.2004-0520457,OPPTCI t RECORDS. AN ASSIGNMENT OF RENTS AND AGREEMENT NOT TO SELL OR FURTHER ENCUMBER GIVEN AS SECURITY FOP,APROMISSORYNOTE RECORDED: 7ULY 6,2004 AS INSTRUMENT NO.2004052045S,OFFICIAL RECORDS. DATED; RUNE 22,2004 BXECUTEDBY, LAICHWINDER S. TURNA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY IN FAVOR OF COMERICA BANK 10) THE REQUIREMENT TT4AT WE BE PROVIDED: (1) A COPY OF THE FILED ARTICLES OF ORGSNiATION OF SONIKA, LLC, A LIMITED LIABILITY COMPANY. (2)A CURRENT LIST OF THE NAMES OF SAID LIMITED LIABILITY COMPANY MEMBERS. (2) A COPY OF SAID LIMITED LLL3ILITY COMPANY'S OPMAUNG AGREEMENT, WTTEI A VERIFIED CERTIFICATE THAT THE OPERATING AGREEMENT IS A TRUE AND CORRECT COPY OF THE AGREEMENT NOW IN EFFECT. 11) THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAIN),BUT WHICH,IF ANY DO EXIST,MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WILL REQUIRE A STATEMENT OF INFORMATION FROM VESTEES IN ORDER TO COMPLETE THIS REPORT. F1VD OF Sam,DULL l3 H715KlMF POLICY RATE: 80%/PATIC ENCLOSURES: PLATS I 4- ora=No-140-854697-66 "NOTES AnREOU ZEMENTSSEC'ITON" xorE xo.1 "CALIFORNIA STATE SENATE BILL NUMBER 2319, EFFECTIVE JANUARY 1, 1591, REQUIRES TI-LAT TILE BUYER IN ALL SALES OF CALIFORNIA REAL ESTATE,WHEREIN THE SELLER SHOWS AN OUT OF STATE ADDRESS,WITHIIOLD 3 113 V.OF THE,TOTAL SALES PRICE AS CALIFORNIA STATE INCOME TAX,SUBJECT TO TES VARIOUS PROVISIONS OF TIIE LAW AS THEREIN CONTAINED:' NOTE NO•Z I PAYOFF 7NFORKATION: NOTE: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. a IF THB DEMAND IS EXPIRED AND A CORRECT DEMAND CANNOT BE OBTABJED, OUR REQUIREMENTS WILL BE AS FOLLOWS: I A- IF THIS COMPANY ACCEPTS A VERBAL.UPDATE.ON THE DEMAND, WE MAY HOLD AN AM91LINT EQUAL TO ONE MONTHLY MORTGAGE PAYMENT. THE- AMOUNT OF THIS HOLD WILL BE OVER AND ABOVE THE VERBAL HOLD THE LENDER MAY I-LAVE STIPULATED, B. IF THIS COMPANY CANNOT OBTAIN A VERBAL UPDATE ON THE DEMAND, WILL EITHER PAY OFF THE EXPIRED DEMAND OR WAIT FOR THE AMENDED DEMAND,AT THE DISCRETION OF THE ESCROW. C. IN TFIE FVFNT THAT A PAYOFF IS BEING MADE TO A SERVICING AGBNT FOR T2B BENEFICIARY,THIS COMPANY WJLL REQUME A COMPLETE COPY OF THE SERVICING AGREEMENT PRIOR TO CLOSE. NOrt;N0.3 IF THIS .COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUR-T-SCROW ACCOUNTS. T[x'E. MANDATORY HOLD IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THRBBTO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED, - IF FUNDS ARE TO BE DEPOSITED WITH ORANGE COAST TITL)B BLIMOOR SERVICES BY WIRH TRANSFER,THEY SHOULD BE WIRED TO TBE FOLLOWING BANXIACCOUNT: BANK OF AMEIZICA 100 WEST 33" STREET NEW YO1Z1{,IVY 10001 ABA 026009593 ACCOUNT NO.1235563445 CREDIT TO THE.A CCOW OF ORANGE COAST TITLE BUILDER SERVICES PLEASE REFERENCE ORDBR NO. 140-854697-66 AND HELEN JOHNSON,TITLE WPIC3R i I i -S- Ordr No. 140-854697-66 ORANGE COAST TITLE COMPANY 33L LDER SERVICESlC0MlVMRClAL DMSION J 3536 CON COMS DRTPE 9120 OINTAM0, CA 91764 i ]LENDERS SUPPLLNI:NTAI.REPORT THE ABOVE NI aIXED REPORT(INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED ANMIOR SUPPLEMENTED IN ORDER TO REFLECT TEE FOLLOWING ADDITIONAL ITEMS RELATING TO THB ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FORM AS FOLLOWS: A. THIS REPORT IS PREPARATORY TO THIS ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE- THIS REPORT DISCLOSES NOTHING, WHICEI WOULD PRECLUDE THE ISSUANCE.OF SAID AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE WITH ENDORSEMENT NO, 100 ATTACHED THERETO. B. THE 71"ROVBMENTS ON SAID LAND ARE DESIGNED AS: A COMMERCIALlINDUSTRIAL PROPERTY 20000INDIAN AYENUE,IN THE CITY OF NORTH PALM SPRINGS,COUNTY OP RIVERSIDE,STATE OF CALIFORNIA C. TEB ONLY FEE CONVEYANCES AFFECTING SAID LAND RECORDED W1TZIN 24 MONTHS OF THE DATE OF THIS REPORT AREAS FOLLOWS: NONE, Order No. 14 0-854697-66 z� xx"Am i A PORTION OF THE WEST HALF OF SECTION 14,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN,AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED HY TIiB SURVEYOR GENERAL FEBRUARY 29, 1856, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS"A"IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 19,]955 IN 1300IC 1808 PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,SAID MOSTNORTHERLY CORNER BEING ON T14E EAST LINTS OF INDIAN AVENIiE.AS Dr,SCRIEED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2,S 932 IN BOOK 86 PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,DISTANT ALONG SAID EAST LINE NORTH V 14'00"EAST,1,366.44 FEET,MORE OR LESS,FROM THE. SOUTH LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL,SOUTHERLY AND EASTERLY ALONG A NON- TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 50.00 FEET,FROM AN INITIAL TANGENT BEARINO SOUTH T 14'00"WEST AND THROUGH A CENTRAL ANGLE OF 90"00'A DISTANT OF 72.54 FEET; THENCE CON TWUINGALONG SAID BOUNDARY,SOUTH 89°46 00"EAST,13 6.23 FEET;THENCE CONTINUING ALONG SAID BOUNDARY,EASTERLY AND SOUTHERLY ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH ARADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 5°16 02"A DISTANCE OF 13.79 FEET TO A LINE PARALLEL WITH AND DISTANT 240.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM'UM WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE LEAVING SAID BOUNDARY,NORTH 0.14'00"EAST,ALONG SAID PARALLEL LINE,200.63 FEET TO A LINE PARALLEL WITH AND DISTANT 200.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE IN SAID BOUNDARY HEREIN RECITED AS"SOUTH 89°46'00"EAST,136,23 FEET"'AND ITS WESTERLY AND EASTERLY PROLONGATIONS;THENCE NORTH 89"46'00"WEST,ALONG TBF.LAST-MENTIONED PARALLEL LINE,240.00I+EET TO SAID WEST LINE; THENCE SOUTH 0'14'00"WEST ALONG SAID WEST LINE 150.00 FEET TO A POINT THAT BEARS NORTH 896 46,00"WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 890 46 00"EAST 40.00 FEET TO THE POINT OF BEGINNING. EXCEPT ALL RIGHT,TITLE AND INTEREST,IF ANY,AND TO ANY OIL,GAS AND OTHER MINERALS(INCLUDBNG,WITHOUT LIMITATION,HELIUM,LIGNITE,SULFUR,PHOSPHATE AND OTHER SOLID,LIQUID AND GASEOUS SUBSTANCES), REGARDLESS OF TI38 NATURE THrRBOF AND WHETEER SIME-AZ.OR pISSIMlLAR BUT ONLY TO THE EXTENT ANY OF THE FOREGOING IS IN ITS NATURAL STATE AND NATURAL LOCATION AND NOT SUHIECT TO THE DOMINION AND CONTROL OF ANY PERSON,AND,UPON THIRTY(30)DAYS PRIOR WRITTEN NOTICE TO GRANTEE,THE RIGHT TO EXPLORE FOR,DEVBI.OP AND PRODUCE SAME,AS WELL AS THE RIGHT TO LEASE SUCH PORTION OF THE PROPERTY HEREBY RESERVED FOR SUCH PURPOSES,AND ALL MINERAL AND ROYALTY RIGHTS V IH ATSOEVERIN,ON,UNDER AND PERTAINING TO THE PROPERTY;BUT GRANTOR,ITS SUCCESSORS AND ASSIGNS,SHALL HAVE NO RIGHT TO USE,OR RIGHT OF INGRESS TO OR EGRESS FROM ANY PART OF THE SURFACE OF THE PROPERTY FOR EXPLORATION AND PRODUCING PURPOSES,EXCEPT WITH RESPECT TO(I)CURRENT ACTIVITIES AT AND ANY EXISTING CONTRACTUAL OR LEASEHOLD RIGHTS GRANTED TO THIRD PARTIES AND(1I)ANY ADDITIONAL ACTIVITIES WHICH HAVE BEEN CONSENTED TO IN WRITING BY GRANTEE,WHOSE CONSENT SHALL NOT BE UNREASONABLY WITHHELD,EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE,ANY OIL AND GAS DRILLING OPERATIONS,SHALT,BE CONDUCTED BY MEANS OF WELLS,THE SURFACE LOCATIONS OF WHICH ARE ON OTHER LANDS AND WHICH MAY BE DRILLBD INTO AND BOTTOMED IN OR UNDER THE PROPERTY,GRANTOR SHALL EXERCISE ITS RIGHTS UNDER THE FOREGOING MINERAL, OIL AND GAS USBRVATIDN SO AS NOT TO DISTURB ANY IMPROVEMENTS,INSTALLATIONS,PETROLEUM OR OTHER PRODUCTS CONTAINED IN SUCH IvIPROV4MENTS OR INSTALLMENTS OR SURFACE ACTIVITIES ON TEE PROPERTY. GRANTOR IS TO RECEIVE AND RETAIN ALL BONUSES,RENTALS AND ROYALTIES PAYABLE UNDER ANY SUCH MINERAL, OIL AND GAS LEASE OR LEASES,GRANTOR MAY ASSIGN,TRANSFER,SELL OR CONVEY SUCH OIL,GAS AND MINERAL RESERVATION TO ANY PERSON,CORPORATION,PARTNERSHIP OR OTHER ENTITY BY DEED RECORDED AUGUST 5,1998 AS INSTRUMENTNO.98-325460 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. Order No. 140-n4697-66 NOTICE REGARDING YOUR XIDFOSIT OF FUNDS CALTORNIA INSURANCE CODE SECTIONS 12413 ET.SEQ.REGULATES TEE DISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES,T3B LAW REQUIRES THAT FUNDS BE DEPOSITED IN TEE TITLE COMPANY ESCROW AND SUB-ESCROW ACCOUNTS AND BE AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT.FUNDS DEPOSITED WITH THE COMPANY BY WERE TRANSFER MAY BEDISBURSED UPON RECEIPT.FUNDS DEPOSITED WITH TIM COMPANY VIA CASHIER'S CEECKS DRAWN ON A CALIFORNIA BASED BANK MAYBE DISBURSED TEE NEXT BUSINESS DAY AFTER TEE DAY OF DEPOSIT.IF FUNDS ARE DEPOSITED WITH BY OTHER METHODS,RBCOR➢ING OR DISBURSEMENT MAY BE DELAYED.ALL ESCP OW AND SUB- ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY TEE COMPANY.THE COMPANY AND/OR ITS PARENT COMPANY MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL INSTTTUIION BY REASON OF TM- 3 DEPOSIT OF SUCI3 FUNDS OR THE MAINTBNANCE OF SUCH ACCOUNTS WITH THE FINANCIAL INSTITUTION,AND TEE COMPANY SHALL HAVE NO OBLIGATION TO ACCOUNT TO TEE➢EPOSITING PARTY IN ANY MANNER FOR TEE VALUE OF,OR TO FAY SUCH PARTY,ANY BENEFIT RECEIVED BY THE COMPANY AND/OR ITS PARENT COMPANY.THOSE BENEFITS MAY INCLUDE,WIU140UT LINIITATION,CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY AND/OR ITS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE ON TEE PROCEEDS OF SUCH LOANS,ACCOUNTING,REPORTING AND OTHER SPXVXCES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION.SUCH BENEFITS SHALL BE DI.EIvMD ADDITIONAL COMPENSATION OF TEE COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW. Order No. 140-654697-66 ORANGE COAST TITLE BUILDER SERVICES PRIVACY POLICY WE ARE, COMMITTED TO SAFEGUARDING CJSTOAURINrOPMA.'T'ION IN ORDERTO BETTER SERVE YOURNEEDS NOW AND IN THE FUTURE,WE MAY ASKYOU TO PROVIDE US WITH CEFLTAiN INFORMATION. WE UNDERSTAND TI•IAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH INFORMATION—PARTICULARLY ANY PERSONAL OR FINANCU.L INFORMATION. WE AGREE TEAT YOU HAVE A RIGIIT TO IOVOW HOW WE WILL UTILIZE TEE PERSONAL NFORMLLTJON THAT YOU PROVIDE TO US. THEREFORE, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN THE USE AND HANDLING OF YOURPERSONAL INFORMATION APPLICABILITY TI•IIS PRIVACY POLICY GOVERNS OUR USE OF T.IB INFORMATION YOU PROVIDE TO US,IT DOES NOT GOVERN THE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED FROM ANY OTHER SOURCE,SUCH AS INFORMATION OBTAINED FROM A PUBLIC RECORD ORFROM ANOTHERPERSON OR ENTITY. TYPES OF INFORMATION DEPENDING UPON WHICI�OF OUR SEPWICES YOU ARE UTILIZING,THE TYPES OF NONPUBLIC PERSONAL INFORMATION THAT WE MAY COLLECT INCLUDE' • INFORMATION WE RECEIVE FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHETHER N WRITING,IN PERSON,BY TELEPHONE OR ANY OTHER ME NS. • INFORMATION ABOUT YDURTRANEACTIONS WITH US,OUR AFFILIATED COMPANIES,OR OTHERS;AND • INFORIVIATtONWERECENEFROMACONSUMGRREPORTINGAGENCY. USE OF INPORAIATTON WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR BENEFIT OF-ANY NONAFMIATED PARTY. TI-D- ORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFU.IATED FARTIFS EXCEPT`- (I) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU EAVE REQUESTED OF US;OR(2)AS PERMITTED BY LAW.WE MAY, HOWEVER, STCRE SUCH INFORMATION INDEFNPPELY, INCLUDING TI•IE PERIOD AFTER WMCH ANY CUSTOMER RELATIONSHIP HAS CEASED SUCH INFORMATION MAy BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOML% ANALYSIS. FORMER CUSTOMU,RS EVEN IF YOUARENO LONGER OUR CUSTOMER,OVA PRIVACY POLICY WELL CONTINUE TO APPLY TO YOU. CONFEDENTIALTIYAND SECURITY WE WII,L USE OUR NEST EFFORTS I0 ENSURE THAT NO ONAUT110MED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION.WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES TI-IAT NEED TO IcKOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU,WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WILL EE I-IANPLED RESPONSIBLY AND N ACCORDANCE WITH THIS PRIVACY POLICY-WE CURRENTLY MAINTAIN PHYSICAL,ELECTRONIC,AND PROCEDURAL SAFEGUAEAS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD XOURNONPUBLIC PERSONAL INFORMATION. Order No, 140-854697-66 LS;FITSIT'A' CALIEORNIA)LAND TITLE ASSOCIATION STANDARD COVER. GE POLICY—1990 EXCLUSIONS FROM COVERACE The fallowing matters are expressly excluded from the coverage of this policy,and ill@ Company will not pay loss or damage,costs,anameys'fees or expenses Which¢rise by reason of. 1- (a) Anylaw,ordinance or governmental regulation(including butnol limilm4 to building or zoning laws,ordinances,or mgulalions)restricting,regulating, prohibiting or relating(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or bereafler erected on the land; (iii)a scParadm in ownership or a cliangc in the dimensions or area of The land or any parcel of which the land is or was a part;or(iv) anvlrommental protccnon, or the effect of any violation of those laws, ordinances or governmental regulations,except to the extent that a notice of the cnfomement thereof or a notice Of a defect,lien,or encumbrance resulting from a violation or aleged violation affecting the land has been recorded in de public records at Date of Policy. (b) Any governments]police power not excluded by(a)above,except to the extent that a police of file cOa rrise d1croof or notice of a defect,lien or cmeumbrmee msultilag from a violation or alleged violaion affecting Ole land h&s been mconled in the public records et Date of Policy. 2, Rights of eminent domain unless notice ofdie excrelse Oolmofbas been recorded in Olt public rccods at Date of Policy,but not excluding from coverage any taking which Ines occurred prior to Data of Policy which would be binding on the rights of a purchaser for value wioicutknowledge. 3. Defecc:,liens,encumbrances,adverse claims or other matters- (a) whet cr ornot recorded in the public records at Dale of Policy,but criminal,antlered,assumed or agreed to by the insured eleimant,, (b) not lmovm to the Company,not recorded in the public records at Date of Policy,but(mown to Ole insured claimant and not disclosed in writing to the Company by the insured claimant prior to Ilia date the insured claimant became an insured under this policy; (c) resuhinf3 in Ile lose or damage to dlc insured chaining (d) attaching or created subsequent to Data of Policy,or (e) resulting in loss or•damage which would not have been sustelintd if the insured claimant had paid value for Ilia insured mortgage or for die estate or interest insured bythis policy. 4. Uneofomenbility,of the lien of the insured mortgage because of the inability or(alum of the insured at Date of Policy,or the inability or falpre of any subsequent owner of the indebtedness,tO comply with the applcable doing business laws of the cote in which the Iand is situated. 5. Invalidity or umenforccabidly of the lien of the insured mortgage,or claim thereof,which ansca out of the transaction cvidmced by The insured mortgage and is bused upon usury Or any consumer credit protection or truth in lending low. 6. Any claim,which arises out of the paps2ctian vesting in Ilia insured titre estate of interest Insured by this policy or lie bra lsactien creating the interest of the insured Tender,by reason of the operation Of federal banlouptcy,slate insolvency or similar tradilors'rights laws. EXCEPTIONS FROM COVERAGE-sCHEDi1LE E,PART T This policy does not insure agiflistloss or damage(and ilia Company will limpay costs,attorneys'fees or expenses)which arise by reason of. 1. Taxes or assessments which art not shown as exiatng liens by talc records of any taxing sudmnly that levies taxes a-assessments op real properly or by the public records. Promeedinfs by a public ag=cy which may result hi taxes or assessments,or nohees of such proceedings,whedrer or not sbown by the records of such agency or by the public records. 2. Any facts,rights,inammsn,or claims which are not shown by the public records but width could be ascertained by an inspection of the land which may be mcrled by persons to possession drereoL 3. Easements,liens or encumbrances,or claims thereof,which aenot shmva by the public record@. 4. Discrepancies, conflicts in boundary lines,shortage in arts,elunmachmen%or any other facts which a ea men:survey would disclose,and which are not Shown by the pubic records. 5. (a) Unpatentcd rnining claims; (b)reservations or exceptions in patents or in Asia authorizing the issuance thereof; (c)water right;,claims or title to watt W13alerornot}licematterscwtp4dunder(a),O)of(c)ate shove by tlpn nuhlic record,;. r3,TAROMRO"V1t'8P0LICY OF TITLE INSURANCE(6/2199) & ' ALTA E:OMEOVINER'S POLICY OR TITLE INSURANCE(10)17/98)EXCLUSIONS FROM COVERAGE In addition W the Excepdonfin Schedule E,You am natrmumd againstloss,costs,attamcys'fees,and expenses msultipg from: I. Governmental police power,and the existence urviclation of any law or govemmentregulalion. This includes ordinances,laws and regulations concerning: (a) building, (b)zoning;(c)Land use;(d)Imp1'ovcment oil Innd;(a) land division; (f)environmental prokcpom TI1is Exclusion does mot apply to violations or rift enforcement of dlese matters if notice of the violation or enforcement appears,in the Public Records at the Policy Dare. This Exclusion does not limit the coverage described in Covcn'cd Risk 14.13,I6,17,or 24, 2, no failure of Your existing structures,or any part of them,to be constructed in accordance with applicable bolding codes. This Exclusion does not applyAb violations o£buildipg codes if notice of the violation appear in the Public Records at tile Policy Dale. 3. Tlhe right to take the Land by condemning it,unless Nam of exercining the right appears in the Public Records at the Policy Date,, (a)the adding happened before the Policy Date and is binding on You You bought the Land without knowing ofthe taldng. 4. Risks, (a) that are created,allowed,or agreed to by you,whether or not they appear in the Public Records;(b)that are]mown tO you at the Policy Do[%but not to Us,unless they appear in the Public Records at tic Polity Date;(a)that resull in no loss W You;Or(d)that first occur after the policy Data-this does notibilit the coverage dcctibed in Covered Rrsk 7,8.d,22,23,24 or 25. 5. Palum to pay value for Your Title, 6. Lack of¢right:(a)to any land onside the area specificIliy described and referred 10 in paragraph 3 of Schedule A;and(H)in streets,alleys,or waterways that touch the Land. This Exclusion does not limdtdfe eovemeo described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL'MIME INSURANCE POLICY EXCLLSIONSFROM COVERAGE In addition to rite L^xdeptiens in Schedule E,you are not insured againgt lase,coats,adunicys'fees,and"?cnaer rcgulting from: 1. Govemrr tmed police power,and the existence orviolahon of any law or govemmrnlregula6en. This includes building and zoning ordinances and also laws and regulations eoncaming:land use,fmlrmvementa on We land,land division or environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the pubic records at Policy Date. This exclusion does not limitthe zoning covemge described in Items 12 and 13 of Covered Title Risks, 2. The right to take the land by condemning it,unless:a notice of exercising the right appears in flepublic records,on dic Policy Dal,the taking happened prior to One Policy Date and is binding on you ifyou bought Oio land wiilioutlmnwing ofthe taking 3, Title Risk;:drat are created,allowed,or agreed to by you;Illat are known to you,but not to us,on Ore policy Dam—unless they appeared in One public records;that result in no loss W you; that first affect your title after the Policy Date--this data not limit On labor and material lien coverage in Rem a of Covered Title Risks 4- Failure to pay value for yourtide. 5. Lack of a rig1111 to any land outside We area specifically described and re£cmcd In in Ike 3 of Schedule A; OR in threats,alleys,or waterways that coach yaurland. This dxclusipn does not limit the&eases coverage in Item 5 of Covered Title Rills. Order No. 140-854697-66 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10.17-9y) WITH ALTA ENbOREEMENT-FORM 1 COVERAGE do A.MER-ICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(IO-17-92) WITH ALTA ENDOESEMENT-FORM I COVERAGE PXCLU81ONS FROM COVERAGE The following matters am expressly excluded from the coverage of ans policy and the Company will not pay loss or damage,costs,nnomcys'fees or expenses which ariscby reason of: I. (a) Any law, ordinstee or governmental regulation (including but not limped to building and 'coning laws, ordinances, or regulations)restricting, regulating,probibib or rd¢fing to(i)the no UP use,or anjoynlent of the land; (n)file character,drmenst one or location of any IlnpraVCmagt flow or hereafter erected on the land;(rii)a separation in come or achangc in file dimensions or oreu o[Ihe land or any parcel of which the lend is or was a par; or(iv)environmental proteetlan,pr the affect of any violaAon of these laws,ordinances or gCv'reene al regulations,except to the extent that a noticc of the enforcement tlremof Ora notice of a dckc6 lien or encumbrance resolha from a viol¢tian or aheged violation affacdng file land ins been reeolded m tho public records at Date ofpollcy. (V) Any govemmentL police power nor excluded by(a)above,except to the extent that a nodes of die exercise fllemof or a notice of a defect,lien or arcumbrnncertsullingfrom a viol¢tion or alleged violation affecting Ote land has been recorded in Ohepublic records aL Aate of Policy, 2. Rig11,of eminent domain unints rictus of the excise lhcreofhas bem recorded in the public rutords akbale o£Policy butnot excluding from covengcany taking which has occurred prior to Datc of Policy WhiCl would be binding on the rights ofa purcligscr for value witliau[lmowledge. 3. Dcfctls,lids,cna+mbraners,advetae claims or other natters, (a) created,suffered,assumed or agreed to by the insured claimant; (b) not imown to life Company,not retarded in the public records at Date of Policy,but]mown to the insured claimant and not disclosed in wiling to Ole Company by the insured c72imanr prior no the d+m as insured claimant became an insw cd under airs policy; (c) resulting in no loss ord¢mage to the insured claimant; (d) stitching or created subsequGlL to diim of policy(except to the extent drat tJlir policy insures Ole priority of ilia lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to 255essmcros for street impmvemenls under cons ruction or completed at data ofpolicy)t or (a) nanItingin loss ordamage which would norbave been sustained ifthe insured ilaimanthad pild value for theinsured mortgage. 4. Unenfrxeeability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polley,or Ale inability or L'diure of any subsequent owner ofilla indcut'cdness,to comply with applicable doing business laws of the state in which the laird is situated- 5. Invalidity or mmforcrtbiliry oftbe lien of the insured mortgage,or claim thereof,which arises out of Ale transaction evidenced by the insured mortgage and is based upon usury or any consumer meditprotection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or mntvials over the lien of the insured mortgage)Arising'frnm an improvement or worlrm7ated to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Data pf Policy the insured has advanced or is obligated to advance. 1- .Any claim,which arises out of the transaction innsating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy, state insolvency,or similar ereditorsi rghm laws,that is based on: G)Olc transaction creating the interest ofthe insured mortgagcc being de.-iced a fraudulent conveyance or daudultat transfer;at (ii)the subordination of fl[e interest of the insured mortgagee as aresuu of tilt application ofihe doctrine or equirab]e subordination;or gill Ale transaction ereaNng the interest oiPie ivaured mortgagee being deemed A preferential trnnsfcr cxceptw7xre the preferential irnncfer results from the fefure:(a)to timely record the h151mment oftransfm or ofsuch rccmdalion t0 impartpObe to apurchaserforvalue errajudgement orlim creditor AMERICpN LAIm TITLE ASSOCIATION OR'N. , POLICY(10-17-9y)6c AN1EIi.ICAN LAND T'IITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-9Z) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from 015 coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not 7imiled to building mid soling laws, ordinances, or regulations)restricting, regulating,prohibiting or rotating to(i)the occupunty,use,or arjoyment ofihe 7¢nd; (ii)flit a umsff a•,dimensions or location of any improvement now or hereafter uteted on Oft land; (iii)a scpnratton in ownership or a change in the dimensions or arra cf the land or any parcel of which the land is arms a p¢rr, or(iv)mvinu maital protection,or the effect of any violation of these laws,ordinances or gnvemnnmWl regulations,except to the extent drat a notice of ilhe mforcountat thereof or a notice ofa defect,lien or eneumbrance rasulting from a violation or Alleged violation affecting arc land has been tccorded in Ole pubiiemcords at Date afPolicy. (b) Any govemmenml police power not excluded by(n)above,except to the extent that a notion of the exercise thereof or a notice of a dedfeely lien or encumbrance resulting from aviolation or alleged violation affecting the land has been recorded in the public records at Datc of Policy 2. Righ+s ofminiamt domain unless notice of the exercise thereaflhas been recorded in rho public retards at Date of Policy,but not excluding from coverage Any inking which has oeeumed prior to Date of Policy which would be binding an the npJus ofa pumlumin for vabm without Imowledgc. 3. Defects,liens,eacumbtonces,adverse claims or other matters: ' (a) crcared,suffered,assumed or agreed V by the insured claimant (b) not knawil to the Company,not mcorded in the public retards at Date of Policy,bat known to the insured claimant and not disclosed in writing to tit Company by the insured claimantphior to the date the insured claimant became an insured under this policy; (0) resulting in no lass or damage to the insured claimnnt, (d) slushing or created subscqucat to Deb:orroliey;or ' e resultillon lose or damage which would not14vt been sustained iftlte insured claimant had paid value for the estate or interest insured by this policy, 4- .Any claim,which mjagc out of tile transaction vesting in the insured the trusts or interest insured by this policy,by reason of the operation of federal bar louptey,stale insolvency,or similar creditor'lights laws,that is based on: (i) the transaction crealmg the estate or interest insured by fris policy being deemed a fraudulent conveyance or fraudulenttrans-fer or (if) Ole transaction creating 1110 estate at interest mstimd by this policy being deemed a preferential uransfer except where titre prdercutial transfer results from the faflurta(A)to timely record Au insmhmmt of land r;or(b)of such recordation to impart noticc to a purchaser for value or A judgement or Jim creditor. The above policy forms may be issued to afford tither Staridarr)Coverage or Extended Coverage. In addition to the above P3rmaamn5 front Covcragc�ale Patceptions from Coverage in a Standard Coverage Policy will also include Alit following Car not Instructions: SCIIEOULT A-EXCEPTIONS FROM COVERAGE T1115 policy does not insure against loss or damagc(end the Company will not pay costs,atmmcys'fats or expenses)which arise by reason of 1. Taxes or assessments which are not shovm as existing liars by the records of Any taxing authority That levies taxes or assessments on real property or by the publicrecords. Proeecdmgs by a public agency which may result in taxes or aasrasments,or notices of such proceedings,wbether or not Shawn by the records of such agency or by the public records. 2 Any Teets,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by malting inquiry ufprxa ms;in possession Otereof. 3. Easements,liras or mcumbrmuces,or maims arincof,which are not shown by the public records. 4. Discrepancies,conflicts in baundmy lines,sheftage in area,cnei oachments,or any other facts which a comsat survey would disclose, and which are not ghown by the pulrlicrecords. 5. (a)Unii0enied mining clanns;(b)re.cwl,tions or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or tide m water, whether or null the matters excepted under(a),(b)or(c)are shown by the public records. o � �� `may " Sz SEC,l4 T, 3s. n+s urrr us 0 0 {JV 6�3! F.R.A. 061-039 OR-are p�R. .rSSF.�rEvr PUh%'aSEY WFY 061-OOS 36 H 00-044 [�[YY 061-09Q tOt H � i� Qfif-133 34 m C1 p 1 sra.. �• f r m `t� es�srr r... r °"esa.ea ssee.aw/., SEE • I : 3a.fc LrJS1 os fYY/'� �uu• rcr oaua r"! oar-wa , a tti H I=� Por MAP 6&5 •" 8 a+evl Fr R'r el 21 pqj i i •��3i.. " � �y a; 38 •r�r Y i i � 't''7/1 _ :;�'� s�.•••.�„"„•deg It VAN AMr. AFR-R45a)� l0 `•a''s-r a �'3• .•.. 13 ' + csrrN 6'O. p or ae+rcr lrsr/a-x sr.., 23 29 22 669 -- rL 09 RS 17/37-XFEB UM19 . PRL IRI/46-47 Fba'e1 AkIp ha I9326 '� 41M$34166-69 n x 19t7T3 RH ) eT i� Y IO.e1 E r.=, . n.n PiTA:4L-A Jlc, rs Ri lxr<*.s1al.W Cs11l.,Nr+F Arn�r . u ASSESSOR'S Pf,AP 8rY, PG;37 .[ ao ,_ RIVFFSIOE CLUr PITY NA. � rr,ix ' e o x art' __._._...._____..�-.-,._-�__-:_'-•- - -. -�-t�;+;g:>xc-;^ . .. r er r zI ss APRIL 1968 _._ _....--.... _, ...- --._'_ __- Stewart Title of California,Inc stewart m :` La Quints, CA 92253 78-900 Avenue 47, Suite 112 title of California, Inc. ` ` (760)771-4645 Phone (760)771-5854 Fax April 1, 2009 ti -- City of Palm Springs n= =J 3200 E. Tahquitz Canyon Way Attn: ,Tames Thompson, City Clerk v77 Palm Springs, CA 92262 -<� rl.' _._-1 `v, RE: Escrow Number . 202470 Escrow Unit No. 2795 ' Properly Address portion apn 666-370-005 Riverside County, California Stewart Title of California,Inc. would like to take this opportunity to congratulate you on the purchase of your new property and to introduce Peggy Baumgardner,your Escrow Officer. In order to expedite your transaction,please complete, sign, and retum to our office the following: (Copies are enclosed for your records) Escrow Instructions Preliminary Report Approval ABA Disclosure We are enclosing the following for your records: Preliminary Report dated as of 3/13/2009 Should you have any questions, do not hesitate to contact your Escrow Officer, Peggy Baumgardner. We appreciate your business and will work towards seeing this transaction to a smooth completion. Sincerely, St art Title of Cal ifomia,Trio. Peg�mgardrier Escrow Manager (760) 262-3794 Fax pe;gy.baumgardner@stewart.com cc: .Tames Force Right of Way Acquisition Agent Country of Riverside 3133 Mission Inn Avenue Riverside, CA 92507 a„w e ea 102470-0p,,w-e,,y Page 1 of 1 Stewart Title of California, Inc f""t [ M 78-900 Avenue 47, Suite 112 �•litle of California, C. La Quetta, CA 92253 (760) 771-4645 Phone (760) 77 1-5854 Fax To Stewart Title of California,Inc. Date March 27, 2009 Escrow Officer Peggy Baumgardner Escrow Number 202470 Escrow Unit No. 2795 Property Address portion apn 666-370-005 Riverside County, Califonua CONTRACT AGREEMENT ESCROW INSTRUCTIONS STEWART TITLE Or CALIFORNIA,INC. Iy LICENSED BY THE STATE OF CAL1 rnRNIA 11N UER THE DEPARTM ENT OF INSURANCD I,ICrNSF NO.388 The undersigned has caused to be handed you a duly executed copy of that certain Right of Way, hereinafter referred to as the 'Agreement" dated March 4,2009 by and between, Sonika, LLC, a California limited liability company as Seller and City of Palm Springs, a municipal corporation, as Buyer. On or before, 4/30/2009, each party will hand you any instructions, documents and/or funds necessary on his or her behalf to enable you to comply with said"Agreement". Said"Agreement" shall constitute escrow instructions which Stewart Title Company of California, Inc., as Escrow Holder, is instructed to use, along with any additional mutual instructions required to Close this transaction. Escrow Holder is only to be concerned with the conditions and/or payments and/or documents commonly under the control of or made or delivered through an Escrow Holder. The following are for clarification purpose only, and the parties hereto agree to be borind by same as far as the escrow is concerned. The intent of the following instructions is not to modify the agreement, only clarify Escrow Holder's duties: The Purchaser is a tax exempt entity. Therefore, as Escrow Holder you are instructed not to prorate real properly taxes at the close of escrow. The proration and/or adjustment of real property taxes will take place at the time the Purchaser files their tax exempt status based on the recording date. Any adj ushnents and/or prorated amounts will be calculated and refunded to the Seller from the County of Riverside Tax Assessors Office. Escrow Holder is authorized and instructed to obtain beneficiary statements and/or demands, including partial reconveyance, on any matter of record required to place title in the condition called for pursuant to these instructions. Escrow Holder is authorized and instructed to charge buyer and seller accounts, at the close of escrow, with their respective costs as provided for in the"Agreement" and as per their estimated closing statement to be approved prior to the close of escrow. LfnnPnnhR III-IILI- nln[I AL^"^'m E,umr 11111 Pii^6C I OfS Each party signing these instructions has read, understands, and accepts the Gcneral Provisions attached hereto as Exhibit "1". Seller(s): Sonil.a, LLC, a Califomta limited liability company By: By: Buyer(s): City of Palm Springs, a municipal corporation ATTEST: By7: DAVID H. REA City Clerk City Manager APPROVED BY CITY COUNCIL va;Y na2e ------------- L,.-N Z,, mo I A.cmnr is ni.renonu e.......i„11 Page 2 of 8 EXH1131T 1 GENERAL PROVISIONS 1. DEPOSIT OF FUNDS,OPPORTUNITY TO EARN INTEREST AND PRORATIONS All funds received in this escrow shall be deposited with other escrow funds into one or more non-interest bearing escrow accounts at a financial institution selected by Escrow Agent. Escrow Agent shall not be responsible and shall have no liability for any delay in closing this escrow if the funds deposited are not available for immediate withdrawal as a matter of right pursuant to California Insurance Code Section 12413.1 et. seq. Funds deposited in the financial institution are insured only to the limn provided by the Federal Deposit Insurance Corporation, Escrow Holder shall not be held responsible for loss of any amount over the FDIC insured limit due to bank failure or for lost interest due to wire delays caused by any bank or the Federal Reserve System, and reconmiends that all parties make themselves aware of banking regulations with regards to placement of wires. You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds in an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender) If you elect to earn interest, there is an additional fee in the amount of S50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you cam. Should you not elect to cam interest on your deposit, your funds will be deposited in our General Escrow Account at a financial institution insured by the FDIC. This is a non-interest bearing account; however, Stewart Title of California, Inc. may receive certain financial benefits from that financial institution because of the General Escrow Account and its on-going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Stewart Title of California, Inc. and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Stewart Title of California, Inc.. Any such benefits shall be deemed additional compensation of Stewart Title of California, Inc. for its services in connection with the escrow. All proration and/or adjustments called for in this escrow shall be made on the basis of a 30 day month or 360 day year, unless otherwise instructed in writing. Proration oCreal property taxes including supplemental real property taxes,will be made on the basis of the latest available figures provided to Escrow Holder. The phrase close of escrow(COE) as used herein means the date on which instruments/documents are recorded. Disbursements from this escrow will be made by check of Escrow Holder. Unless otherwise instructed in writing, checks will be issued jointly to to parties designated as payees. Signatures (including initials) of principals or their duly authorized agents on any doctimenishnsirument and/or instruction pertaining to this escrow indicate approval of same. 2. SPECIAL RECORDINGS If a"SPECIAL RECORDING"is arranged and completed,ineaning recording the documents called for in this escrow, at any time other than the standard recording time for title companies, then all panics hereto represent and warrant that during the period of time between the standard recording time and the time the documents are actually recorded pursuant to the "SPECIAL RECORDING", no additional liens, encumbrances, or exceptions to the title whether involuntary or voluntary, of any kind of nature will attach to or be recorded against the subject property, nor will the subject property be otherwise rransfcued or conveyed. All parties hereby expressly agree to indeir nify and hold Escrow IIolder harmless from all claims, losses or damages and attorney's fees resulting from any such additional liens, encumbrances, exceptions to title,transfers or conveyances. 3. AUTHORIZATION TO DELIVER If it is necessary, proper or convenient for the consununation of this escrow, Escrow Holder is authorized to deposit of have deposited funds or documents, or both, handed to Escrow IIolder under these escrow insnvciions with any duly authorized sub-escrow agent, including, but not limited to, any bank, trust company, title insurance company, title Enmr Nninhn Nl O" @nrtnn Apnm¢nl Lzmw IIISI Page 3 of S company, savings and loan association, or licensed escrow agent, at or before close of escrow in connection with closing this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions, 4. AUTHORIZATION TO FURNISH COPIES Furnishing copies of any/all escrow instructions, amendments, supplements, preliminary reports, notices of cancellation and closing statements in this escrow to the real estate broker(s), lenders and/or anomey's representing principals to this escrow is authorized Escrow holder shall not incur any liability to the parties for delivery of said copies S. TIME AND WRITTEN NOTIFICATION Time is of the essence. In the event the conditions of this escrow have not been complied with at the expiration of the time provided for herein you are permitted, though not required, to complete the same at the earliest possible date thereafter. No notice, demand or change of inshuctions shall be of any effect to alter, amend, supplement, or vary the terns of these instructions unless given in writing and signed by all parries affected thereby. 6. CANCELLATION PROVISIONS Any principal instructing Escrow Holder to cancel escrow shall file notice of cancellation in Escrow Holder's office in writing and so state the reason for cancellation. Upon receipt of same, Escrow Holder shall prepare cancellation instructions for signantres of the principals and shall forward same to the principals. Upon receipt of mutually agreeable cancellation instructions signed by all principals and after payment of Escrow Holder's cancellation charges, Escrow IIolder is authorized to comply with such instructions and cancel the escrow. 7. ACTION IN INTERPLEADER OR OTHER COURT OR LEGAL PROCEEDINGS The principals hereto expressly agree that Escrow Holder has the absolute right, at its election, to file an action in interpleader requiring the principals io answer and litigate their several claims and rights among themselves; and Escrow Holder is authorized to deposit with the clerk of the court, all documents, instruments and funds held in escrow, In the event such action is filed, the principals jointly and severally agree to pay Escrow Holder's cancellation charges and costs, expenses and reasonable attorney's fees it is required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon filing of such action, Escrow Holder is thereupon fully released and discharged ftom all obligations to father perform any duties or obligations otherwise imposed by the terms of this escrow S. PERSONAL PROPERTY TAX Escrow IIolder is not responsible for any personal property tax which may be assessed to any fonner owner of the property that is the subject of this escrow, nor for the corporation or license tax of any corporation as a former owner. No examination or insurance as to the amount of payment of personal taxes is required unless specifically requested. 9. LIMITATION ON DUTY TO INFORM It is agreed by the parties hereto, that so far as Escrow Holder's rights and liabilities are involved, the transaction is an escrow and not any other legal relation and Stewart 'Title of California, Inc. is an Escrow Holder only on the within expressed teams, and Escrow Holder shall have no responsibility for notifying any of the parties of this escrow of any sale, resale, loan, exchange or other transaction involving any property herein described or of the profit realized by any person, firm or corporation (broker, agent and parties to this and/or other escrow included), in connection therewith, regardless of the fact that such transaction(s)may be handled concurrently by Escrow Holder in this escrow or in another escrow, 10. LEGAL ADVICE The parties acknowledge and understand that Escrow Holder is not authorized to practice law, nor give financial advice. The parties are hereby advised to seer: legal and financial counsel and advice concerning the effect of these escrow instructions. The parties ackrowledge that no representations are made by FSCrow Holder about the legal sufficiency, legal consequences, financial effect or tax consequences of the within escrow instructions 11. DISCLOSURE OF CONDITIONS PRECEDENT The parries to this escrow, by execution thereof, aclowledge their duty to Escrow holder of full disclosure of those matters, which shall effect the transfer of subject property and conditions of title(inclusive of real personal and intangible property,which matters may result in a lien against subject property). Disclosure Shall include,but nor limited to: water, stock, owners association or maintenance dues, contractual obligations nor automatically terminated upon sale, notes, deeds of trust and vendors liens. 12. STATE/FEDERAL CODE.NOTIFICATION e«eu Honer r2 no.Cmnuei A"-....,r.... Page 4 of 8 According to Federal law, the Seller(s), when applicable, will be required to complete a 1099-S Worlcshect that will be unlined to generate a 1099 reporting statcmcnt to the Internal Revenue SCIV1C0. You are released from and shall have no liability, obligations or responsibility with respect to (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1984, "Foreign Investors in Real Property Act" (FIRPTA), as amended (b) advising of requirements, (c) determining whether the seller is a foreign person, under such Section, or (d) obtaining a non-Foreign affidavit or other exemption from withholding under such Section nor otherwise malting any inquiry concerning compliance with such Section by any parry to this transaction. 1N ACCORDANCE WITH SECTION 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD ANY AMOUNT EQUAL TO 3-1/3 PERCENT OF THE SALES PRICE IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST, BY EITHER: 1) A SELLER WHO IS AN INDIVIDUAL OR DISBURSEMENT INSTRUCTIONS AUTHORIZED THE PROCEEDS TO BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2) A CORPORATE SELLER THAT HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO PENALTY EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS (S500.00). HOWEVER, NOTWITHSTANDING ANY OTIIER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD 1F: 1) THE SALES PRICE OF TIIE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS (S 100,000 00), OR 2) THE SELLER EXECUTES A WRITTEN CERTIFICATF, UNDER TIIE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A CORPORATION WITH A PERMANENT PLACE OF BUSINESS IN CALIFORNIA,OR 3) THE SELLER,WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATF UNDER THE PENALTY OF PERJURY, OF ANY OF THE FOLLOWING: A) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE(WITHIN THE MEANING OF SECTION 121 OF THE INTERNAL REVENUE CODE). B) THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS OR WILL BE EXCHANGED FOR PROPERTY OF LIKE KIND (WITHIN THE MEANING OF SECTION 1031 OF THE INTERNAL REVENUE CODE),BUT ONLY TO THE EXTENT OF THE AMOUNT OF GAIN NOT REQUIRED TO BE RECOGNIZED FOR CALIFORNIA INCOME TAX PURPOSES. C) THAT TIIE CALIFORNIA REAL PROPERTY HAS BEEN COMPULSORILY OR INVOLUNTARILY CONVERTED (WITHIN THE MEANING OF SECTION 1033 OF THE INTERNAL REVENUE CODE) AND TFIAT TIIE SELLER INTENDS TO ACQUIRE PROPERTY SIMILAR OR RELATED IN SERVICE OR USE SO AS TO BF FLIGIBLE FOR NONRECOGNITION OF GAIN FOR CALIFORNIA INCOME TAX PURPOSES. D) THAT THE CALIFORNIA REAL PROPERTY TRANSACTION WILL RESULT IN A LOSS FOR CALIFORNIA INCOME TAX PURPOSES. THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. 13. NO ACTMTY If there is no written activity by a principal to this escrow within any six-month period after the time linut date as set forth, in the escrow instructions of written extension thereof, Escrow Holder's obligation shall terminate at Escrow Holder's option. All documents,monies of other items deposited with Escrow Holder shall be returned to the respective parties entitled thereto, less fees and charges herein provided. 14. CAPTIONS AND COUNTERPARTS Captions in these escrow instructions arc inserted for convenience of reference only and do not define, describe or limit the scope of the intent of these instructions or any of the terms hereof. These instructions may be executed in counterpars, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original,and said counterparts together shall constitute one and the same instrument r-11- lung.cmni.c A,,...—.,e..,,.„i-' Page 5 of 9 15. BINDING All terms of these escrow instructions shall be binding upon, inure to the benefit and be enforceable by the parties hereto and there respective legal representatives, successors and assigns. In the event any tern, covenant, condition,provision or agreement herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such tarry covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement herein contained. 16. USURY Escrow Holder is not to be concerned with any question of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any liability or responsibility therefore. 17. CONFLICTING DEMANDSANTERPLEADER No notice, demand or change of instructions shall be of any effect in this escrow unless given in writing by all parties affected thereby. if conflicting demands ate made in connection with this escrow, Escrow Holder shall have the absolute right to either withhold and stop all proceedings, or file suit in the mterpleader and obtain an order from the court requiring the parties to interplead their several claims and rights amongst themselves. I.S. FACSIMILE AND ELECTRONIC MAIL All parties ackrnowledge that documents and mstnictions may be transmitted via facsimile (FAX) and/or electronic mail (e-mail). In the event the principals of this transaction, their agents, or assigns,utilize "facsimile (FAX)" transmitted instructions, Escrow Holder may rely and act upon such instructions in the same manner as if original signed instructions were in the possession of Escrow Holder. 19. DISCRETIONARY TERMINATION At the sole discretion of Escrow Holder, Escrow Holder may elect to terminate its escrow relationship with the principals to the escrow. Funds and documents will be returned upon mutual instructions of the appropriate parties 20. PURCHASE AGREEMENT If any form of Purchase agreement or amendment or supplement(collectively"Purchase Agreement")is deposited to this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. Escrow Holder's only duty is to comply with the instructions set forth in the escrow instructions and shall not be responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based. Escrow Holder shall not rely on any knowledge or understanding Escrow IIolder may have of any such Purchase Agreement in ascertaining or perfomnng the duties of Escrow Holder. In connection with any loan transaction, Escrow IIolder is authorized to deliver a copy of any purchase agreement and a copy of all escrow instructions, supplements or amendments to the Lender. 21. ENVIRONMENTAL DISCLOSURE Notwithstanding any actual or other knowledge on the part of Escrow Holder, the parties agree to release Escrow Holder from any and all liability of any kind or nature and to indemnify Escrow IIolder of any loss, damages, claims,judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past of present or may occur in the future which release or discharge is in violation of law, in excess of any state and federal standards,permit requirements and/or disclosure requirements existing at this time or which may exist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes. 22. ADDITIONAL DOCUMENTS HANDED TO ESCROW HOLDER Parties agree to hand Escrow Holder applicable documentation to establish their authority to act, Those documents may include,but shall not be limited to the following: 1) If an individual: Statement of Information 2) If a corporation: A Corporate resolution signed by the Secretary of the Corporation, authorizing the acquisition, enemmbrancing(if applicable), or sale of the subject property, and dcsignatmg the authorized signatories on behalf of the corporation, together with a copy of the Articles of Incorporation 8,By-Laws. 3) If a Trust: copy of the Trust Agreement,any amendments thereto and/or a Certificate of Trust. ¢zinc Nul,, main-caoiun nrrennnn c.,In. Page 6 of 8 4) If a Gencral Partnership: An original Statement of Partnership, in recordable form (if not already recorded) to be recorded in the County in which the subject property is located A copy of the partnership agreement is also requcsted. 5) If a Limited Partnership: The LP-1 form, certified by the Secretary of State to record (if not already recorded) in the county m which the subject property is located A copy of the partnership agreement is also requested. 6) If a Joint Venture: The requirements specified 1, 2, and 3 herein will be applicable as it ielates to the entities which comprise the Joint Venture, 7) If a Limited Liability Company (LLC) The LLCI certified by the Secretary of State to record (if not already recorded) in the county in which the subject property is located. The LLCI must reflect an expiration date. Ono person must be named on the LLCI as managing the LLC, or all members must sign. A copy of the operating agreement is required. The parties further acknowledge that in the event the pampers of a partnership are individuals, it may be required that each such partner submit a completed and executed Statement of Information. If the Principals have any questions regarding the disposition of Unclaimed Funds, in excess of 550.00, the Principals should contact the Controller or successor agency for the State of California. 23. DESTRUCTION OF RECORDS Escrow IIolder is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other materials pertaining to this escrow at the expiration of seven(7)years from the close of escrow or cancellation thereof. 24. GOOD FUNDS California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means,recording and/or disbursement may be delayed. Stewart Title of California,Inc. shall not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. If any check submitted is dishonored upon presentment for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. 25. CHANGE IN OWNERSHIP REPORT All parties are aware that a"Preliminary Change in Ownership Fomi"is to be filed with the office of the County Assessor upon recordation of all transfer documents involving real property. As an accommodation only, Escrow I-Ioldcr shall provide necessary forms to the purchaser herein and in the event the completed form is deposited into escrow prior to close, Escrow IIolder shall deliver same to County Assessor concurrently with recordation of the documents being recorded in this transaction. 26. APPLICATION OF PAYOFF FUNDS Should a check or wire be deemed unacceptable by lenders, creditors, hen holders or beneficiaries of Deeds of Trust, Escrow Holder is authorized to act on our behalf in requesting the funds, as well as any balance in an impound account, be applied towards the balance due. 27. INDEMNITY FOR ATTORNEY'S FFES AND COSTS In the event sun is brought by any party or parties to this escrow, including Stewart 'Title of California, Inc., as against each other or others, including, Stewart Title of California, Inc which results in a dismissal of or judgment in favor of e�.�„Ni;„iec, mo 1111,Cuiracl Axreami emrow oui Page 7 o F 8 Stewart Title of California, Inc., the parties hereto agree to hold hatnfless, reimburse and indemnify Steivatt Ti to of California, Inc., its officers and employees, from any loss, cxpensca, Costs and attorney's fees incurred THIS AGREEMENT IN ALL PARTS APPLIES TO, 1NURLS f0 THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HFTRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, BACPI OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY/OUR INITIAL (S) HERETO CONS'f1fUTES INSTRUCFION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALI. PRECEDING PACES AND FURTHER SIGNIFIES THAT I/WE RAVE READ AND UNDERSTAND TI-IISE GENERAL PROVISIONS. e.rmw wm M, 202 170.cmvriei nur.nunu ever.,ilia Page 8 of 8 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: April 1, 2009 To : portion apn 666-370-005 Property: Riverside County, California From: Stewart Title of California, hic. This is to give you,notice that Stewart Title of California, Inc. ("Stewart Title") has a business relationship with Stewart Solutions, LLC, DBA—Stewart Specialty Insurance Services,LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100%of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLL WITTII SIMILAR SERVICES. YOU ARE FREE.TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Charge or range of charges Hazard Insurance $400.00to $6,500.00 Home Warranty 5255.00 to $ 780.00 Natural Hazard Disclosure Report _ S 42.50 to 149.50 ACKNOWLEDGMENT I/wc have read this disclosure form, and understand that Stewart Title is referring me/us to purchase the above-described settlement service(s) and may receive a financial or other benefit as the result of this referral- Signature Signature e«io.N,,,i , 149X^_1-ARin,dmma sort. Page I of I STG Privacy Notice I (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and ' its affiliates(the Stewart Talc Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts In the section below, we list the reasons that we can share customers' personal information;the reasons that we choose to share; and whether you can linnit this sharing. Reasons we can share your personal information :." I.mD'o�we'share? I Cain you limit this sharing? IFor our everyday business purposes—to process your transactions and maintain your account. This may include running the business and managing customer Yes No accounts, such as processing transactions, mailing,and auditing services,and responding to court orders and legal investigations For our marketing purposes—to offer our products and services to you. Yes No �For joint marketing with other financial companies No � We don't share For our affiliates' everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our Yes No affiliates may include companies smith a Sferuw!nano,JinmXool c onnpanies, such as I Stewart Title Company i affiliates' c od owonhiness. everyday business purposes— information a out your N re for-our affiliates to market to you Yes No For nonaffiliates to market to you.NonafFiliates are companies not related by No We don'[share common ownership or control.They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to nonaffrliaies as permitted by law. if you request a transaction With a nonaffiliatc, such as a third party insurance company,we will disclose your personal information to that nonaffiliate. f We do not control their subsequent use of information, and suggest you refer to their privacy notices.] gyp,, �ii ii'i'�, °' III,iill Ppli 1p i,���1,l,i I°Il�� �,n.6 6p`�,`a n�,l,l,l`, 7�J;�Pi'l�,il L..li7i�l'�"i''�''� 6i'll�l,,.,I,°qV1"j'i it .` i 'I . f,i i,1� i �,s►falllll nTA,Ct►CCS„I �Vl I�d�4 ..I�J^ �,J�,I, fh� ,I,', 'q'' Yv^ �i 4y HHow olly me about a Stewart rt TitlelCom_ai Companies IW must notify you about our sharing practices when you request a transaction. • p Hies � a it practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use,we use security protect my personal information? measures that comply with federal and state law. These measures include computer, A C� file,and budding safugiil Flow do the Stewart Title Companies I We collect your personal information, for example, when you collect my personal information? . request insurance-related services l • provide such information to us We also collect your personal information from other, such as the real estate agent or lender involved in your, transaction, credit reporting agencies, affiliates or other y companies._ _ 1 What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., apt out) in _ y p ion ' hose instances.certain instances,we do not share our personal informal m t ,11 ' �lll;!"i If you have any questions about this privacy notice,please contact us at: Stewart Title Guaranty 1111''C�I11 aC III11US'I,I"!till' p y Blvd.. Privacy Officer, Houston, J,,,I Qi . 4'il''J Cam 1n 1980 Post Oak stnn,Texas 77056 Filc No. 202470 Stewart Title of California, Inc �-§tewart " M"." 78-900 Avenue 47, Suue 112 title of california, inc. (7 Quetta, 92 60)771-i46464253 5 Phone. (760) 771-5954 Fax IMPORTANT INFORMATION IDENTIFICATION FOR NOTARY: Taring identification to the signoff. i.e., CA Driver's License,Passport or Photo Id acceptable to Notary Public—please confirm prior to appointment. POWER OF ATTORNEY: Must be Specific Power ofAttomcy on a Stewart Tit]e of California, Inc. approved form. Be sure your lender allows the use of Power of Attorney. Note: Notary in foreign countries restricted to American Consulate or military. FIRE INSURANCE: Buyer to furnish escrow agent with name and phone number of the agent as soon as possible- BUYER/BORROWER/SELLER FUNDS: MUST be a California CASIIIER'S CHECK, avoid "Official" checks as they are not certified funds. Wire transfer preferred for Out of State funds. Deposit of all "GOOD FUNDS" is required 24 hours prior to the date of recording. SIGN-OFFS: Allow ] to 1-1/2 hours during business hours to sib your documents. Lunchtime sign-offs can be arranged. CONCURRENT CLOSINGS: If you are buying or selling another property through a different title company,notify the escrow officer of that company right away. LOAN PACKAGES AND FUNDING: TIME IS OF THE ESSENCE! Though not always possible, escrow needs time to complete the signing package once the loan documents are received in their office. Arrange for sign-off one day after documents arrive in the escrow office. Most lenders require a 48-hour time frame to review the documents once they receive the executed documents from escrow. If funding office is out of the area, time must be allowed for travel to the lender. Funding should occur 24 hours prior to the date of recording. Most lenders wire funds and require 24 hours to set up the wire transfer with their bank. PAYMENTS THROUGH ESCROW: Please provide our Escrow Officer all of the account miormation for any mortgage loans currently encumbering your property. Your new lender may also require payment of unsecured credit card/accounts. To avoid any delays, please provide us with your most current statements and payment coupons reflecting their account number and mailing information prior to Close of Escrow. r,,,,.N 6n 9024711-Ini,n Inr."..1.nn Pago 1 0f 1 of �stewart - ,lit , Stewart Title California,Inc 78-900 Avenue 47, Suite 112 La Quinta, CA 92253 title of California, inc. (760)771-4645 Phone (760)771-5854 Fax WIRE INSTRUCTIONS ESCROW TRUST ACCOUNT Please find below Wiring Instructions for Escrow# 202470 Effective April 1, 2009 All funds wired should be directed to: Bank Union Bank or California Address 1980 Saturn Street City/State Monterey Park CA 91755 ABA 122000496 Credit To Stewart Title of California, Inc. La Quinta Office Account No. 9100850084 Reference Escrow Officer- Peggy Baumgardner Escrow Number- 202470 Escrow Unit No. - 2795 If you have any questions regarding this matter, please do not hesitate to contact this office. E:eow NunWc ±p}p]0-Wrte luwuceoee Eumw Page I of I Order No. 140-854697-66 ORANGE COAST TITLE COMPANY y BUILDER SERVICES/COM {RCIAL bIVISTON 3536 CONCOURS DRIVE 9120 ,, ` ONTARIO, CA 91764 -77 UPDATFD PRELMINARV REPORT STEWART TITLE OF CALIFORNIA INC. 78-900 AVENUE 47,SUITE I I2 LA QUINTA,CA 92293 YOURNO._ SONIXA ATTENTION: PEGGYBAUMGARDNER ORDERNO: 140-854697-66 PROPERTY ADDRESS: 20000 INDL4N AVENUE RIVERSIDE,CA 92506 DATED; MARCH 20,2009 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, ORANGE COAST TITLE BUILDER SERVICES HEREBY REPORTS TI5AT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF,A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM T14E COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY AVE AVAILABLE FROM THE OFFICE, WHICH ISSUED THIS REPORT. PLEASE READ TUB EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXIHBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE, OF MATTERS, 'PSYCH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,DEFECTS,AND ENCUMBRANCES AFFECTING TITLE TO TIME LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) 1S ISSUED SOLELY FOR THE PURPOSE OF FACILITATING TUE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED hIERRBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT WILL BE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY. DATED AS OF MARC15 13,2009 AT 7:30 A.M. HELEN70HNSON TITLE OFFICER " - _ - �rLHNI(a70C:TITLE.CDM PIJONE(909)957-5433 FAX(909)297-2547 THE FORM OF POLICY OF TITLE IN SURANCB CONTEMPLATED BY TINS REPORT IS: PRELIMINARY REPORT -1- Order No. 140-854697-66 SCHEDULE"A" TUL ESTATE OR AWTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERIM0 TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SONIKA,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNLA, AND IS DESCRIBED AS FOLLOWS: A PORTION OF T14P WEST HALF OF SECTION 14,TOWNSNTP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO RASE AND MERIDIAN,AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, DESCRIBED AS FOLLOWS BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS"A"IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18,1955 IN BOOK 1808 PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,SAID MOST NORTHERLY CORNER BEING ON THE EAST LINE OF INDIAN AVENUE AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2,1932 IN BOOK 86 PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORMA,DISTANT ALONG SAID EAST LINE NORTH 0° 14'0W EAST,1,366.44 FEET,MORE OR LESS,FROM TI-IE SOUTH LINE OF SAID WEST 14ALF OF SECTION 14; THENCE ALONG THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL,SOUTHERLY AND EASTERLY ALONG A NON- TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 50.00 FEET,FROM AN INITIAL TANGENT BEARING SOUTH 00 14'00"WEST AND THROUGH A CENTRAL ANGLE OF 9T 00'A DISTANT CF 78.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY,SOUTH 89-46'00"BAST,136,23 FEET;THENCE CONTINUING ALON G SAID BOUNDARY,RASTERLY AND SOUTHERLY ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 5.16'02"A DISTANCE OF I3.79 FEET TO A.LINE PARALLEL WITH AND DISTANT 240.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE LEAVING SAID BOUNDARY,NORT15 0°14'00"EAST,ALONG SAID PARALLEL LINE,200.63 FEET TO A LINE PARALLEL WITH AND DISTANT 200.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE IN SAID BOUNDARY HEREIN RECITED AS"SOUTH 890 40 00"EAST, 136.23 FEET"AND ITS WESTERLY AND EASTERLY PROLONGATIONS;THENCE NORTH 89"46'00"WES f,ALONG TPIE LAST-MENTIONED PARALLEL LINE,240.00 FEET TO SAID WEST LINE; THENCE SOUTH 0"14'00"WEST ALONG SAID WEST LINE.150.00 FEET TO A POINT THAT BEARS NORTH 89"46'00"WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 89°46'00"EAST40.00 FEET TO THE POINT OF BEGINNING. EXCEPT ALL RIGHT,TITLE AND INTEREST,IF ANY,AND TO ANY OIL,GAS AND OTHER MINERALS(INCLUDING,WITHOUT LIMITATION,HELIUM,LIGNITH,SULFUR,PHOSPHATE AND OTHER SOLID,LIQUID AND GASEOUS SUBSTANCES), REGARDLESS OF THE NATURE THEREOF AND WHETHER SIMILAR OR DISSIMILAR BUT ONLY TO THE EXTENT ANY OF THE FOREGOING IS IN ITS NATURAL STATE AND NATURAL LOCATION AND NOT SUBJECT TO THE DOMINION AND CONTROL OF ANY PERSON,AND,UPON THIRTY(30)DAYS PRIOR WRITTEN NOTICE TO GRANTEE,THE RIGHT TO EXPLORE FOR,DEVELOP AND PRODUCE SAME,AS WELL AS THE RIGHT TO LEASE SUCH PORTION OF THE PROPERTY HEREBY RESERVED FOR SUCH PURPOSES,AND ALL MINERAL AND ROYALTY RIGHTS WHATSOEVER IN,ON,UNDER AND PERTAINING TO THE PROPERTY;DUT GRANTOR,ITS SUCCESSORS AND ASSIGNS,SHALL HAVE NO RIGHTTO USE,OR RIGHT OF INGRESS TO OR EGRESS FROM ANY PART OF THE SURFACE OF THE PROPERTY FOR EXPLORATION AND PRODUCING PURPOSES,EXCEPT WITH RESPECT TO(1)CURRENT ACTIVITIES AT AND ANY EXISTING CONTRACTUAL OR LEASEHOLD RIGHTS GRANTED TO THIRD PARTIES AND(M ANY ADDITIONAL ACTIVITIES WT-TICE NAVE BEEN CONSENTED TO IN WRITING BY GRANTEE,WHOSE CONSENT SHALL NOT BE UNREASONABLY WITHB'ELO,EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE,ANY OIL AND GAS DRILLING OPERATIONS,SHALL BE CONDUCTED BY MEANS OF WELLS,THB SURFACE LOCATIONS OF WHICH ARE ON OTHER LANDS AND WHICH MAY BE DRILLED INTO AND BOTTOMED IN OR UNDER THE PROPERTY,GRANTOR SHALL EXERCISE ITS RIGHTS UNDER THE FOREGOING MINERAL, O1L AND GAS RESERVATION SD AS NOT TO DISTURB ANY IMPROVEMENTS,INSTALLATIONS,PETROLEUM OR OTHER PRODUCTS CONTAINED IN SUCH IMPROVEMENTS OR INSTALLMENTS OR SURFACE ACTIVITIES ON THE PROPERTY, GRANTOR 15 TO RECEIVE AND RETAIN ALL BONUSES,RENTALS AND ROYALTIES PAYABLE UNDER ANY SUCH MINERAL, OIL AND GAS LEASE OR LEASES,GRANTOR MAY ASSIGN,TRANSFER,SELL OR CONVEY SUCH OIL,GAS AND MINERAL RESERVATION TO ANY PERSON,CORPORATION,PARTNERSHIP OR OTHER ENTITY BY DEED RECORDED AUGUST 5, 1998 AS INSTRUMENT NO.92-325460 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. -2- Order No. 14 0-854697-66 SCHEDULE "I3" AT THE DATE HEREOF EXCEPTION TO COVERAGE IN ADDITION TO TIIE PRINTED EXCEPTIONS AND EXCLUSION CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2009-2010, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, A LIEN NOT YET PAYABLE, B. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2008-2009, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES. TOTALAMOUNT 56,523.42 I ST INSTALLMENT $3,264.21 PAID 2ND INSTALLMENT $3,26421 OPEN PENALTY $346.42(AFTER 4-10-09) CODE AREA 06I-105 PARCEL NO. 666-370-005-5 EXEMPTION ;NONE C THE LIEN OF SUPPLEMENTAL TAXES,IF ANY, ASSESSED PURSUANT TO TFiE PROVISIONS OF SECTION 75, ET SEQ,OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITIES DISTRICTS AFFECTING SAID LAND, WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS- ANY UNPAID ANDIOR DELINQUENT BOND OR ASSESSMENT AMOUNTS WHICH MAY HAVE BEEN REMOVED FROM THE ROLLS OF THE COUNTY TAX ASSESSOR AND WEECH MAY HAVE BEEN REMOVED FROM THE TAX BILLS AND TAX DEFAULT REDEMPTION AMOUNTS, I) AN EASEMTBNT FOR PURPOSES HEREIN STATED,AND RIGHTS INCIDENTAL T14EMTO AS SET FORTH IN AN INSTRUMENT RECORDED: AUGUST 2,1932 IN BOOK 86 PAGE 92,OFFICIAL RECORDS. FOR. PUBLIC ROADWAY AND INCIDENTAL PURPOSES AFFECTS: SAID LAND. THE LOCATION OF SAID EASEMENTS SET FORTH THEREIN 2) THE FACT THAT THE OWNERS HAVE NO RIGHT OF VEHICULAR ACCESS TO THE FREEWAY, EXCEPT TH.E PUBLIC RIGHT TO TRAVEL SAME. SAID RIGHTS HAVE BEEN RELINQUISHED BY AN INSTRUMENT RECORDED OCTOBER 18, 1955 IN 800K,1808 PAGE 127,OFFICIAL RECORDS. SAID LAND, HOWEVER, ABUTS ON A PUBLIC THOROUGHFARE OTHER THAN THE ONE REFERRED TO ABOVE,OVER WHICH RIGHTS OF VEHICULAR ACCESS HAVE NOT BEEN RELINQUISHED. 3) COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED OCTOBER 18, 1968 AS INSTRUMENT NO. 100338,OFFICIAL RECORDS,WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD PAITH AND FOR VALUE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, EASED UPON RACE, COLOR,RELIGION,SEX,HANDICAP,FAMILIAL STATUS,OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF TIME UNITED STATES CODE OR (E) RELATES TO HANDICAP BUT DORS NOT DISCRIMINATE AGAINST 14AMICAPPED PERSONS. "NOTE: SECTION 12956A OF THE GOVERNMENT CODE PROVIDE TT'IE FOLLOWING IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILFIY, NATIONAL CRTGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID,AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTION UNDER STATE AND FEDERAL LAW ON THE AGB OF OCCUPANTS IN SENIOR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTION BASED ON FAMILIAL STATUS" 4) THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ACCESS AGREEMENT" RECORDED DECEMBER 28,2000 AS INSTRUMENT NO.00-516679 OF OFFICIAL RECORDS -3- ' Order No. 140-854697-66 5) THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ENVIRONMENTAL BASELINE" RECORDED DECEMBER 28,2000 AS INSTRUMENT NO.00-5 1 66 80 OF OFFICIAL RECORDS 6) AN UNRECORDED PURCHASE AND SALE AGREEMENT,UPON THE TERMS,COVENANTS AND PROVISIONS THEREIN PROVIDED AND DISCLOSED BY A DOCUMENT ENTITLED: ENVIRONMENTAL 13ASELRN AGREEMENT DATED: SEPTEMBER 29,2000 VENDOR: EQUILON ENTERPRISES,LLC VENDEE: CHEROKEE FESTIVAL HOLDING,LLC I 7) RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASES, IF ANY. PLEASE FORWARD SAID LEASES FOR OUR EXAMINATION. 8) ANY FACTS,RIGHTS,INTEREST OR CLAIMS WHICH MAY BE SHOWN BY AN INSPECTION OF THE LAND OR WHICH MAY BE.DISCLOSED BY INQUIRY OF PERSONS IN POSSESSION OF SAID LAND. 9) A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF AMOUNT: 3732,000.00 TRUSTOR: LAICHWINAER S. TURNA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE! COMBRICA BANK BENEFICIARY: COMERICA BANK DATED: TUNE 22.2004 RECORDED: IULY 6,2004 AS INSTRUMENT NO.2004-0520457,OFFICLAL RECORDS. AN ASSIGNMENT OF RENTS AND AGREEMENT NOT TO SELL OR FURTHER ENCUMBER GIVEN AS SECURITY FDR A PROMISSORY NOTE RECORDED: dIILY 6,2004 AS INSTRUMENT NO.2004-0520458,OFFICIAL RECORDS. DATED: TUNE 22,2004 EXECUTED BY: LAICHWINDER S. TURNA, A MARRIED MAN AS HIS SOLE ANT) SEPARATE PROPERTY IN FAVOR OF COMERICA BANK 10) THE REQUIREMENT THAT WE BE PROVIDED- (1) A COPY OF TEE FILED ARTICLES OF ORGANIZATION OF SONIKA, LLC, A LIMITED LIABILITY COMPANY- (2)A CURRENT LIST OF THE NAMES OF SAID LIMITED LIABILITY COMPANY MEMBERS. (3) A COPY OF SAID LIMITED LIABILITY COMPANY'S OPERATING AGREEMENT, WITH A VERZIED CERTIFICATE THAT THL OPERATING AGREEMENT IS A TRUE AND CORRECT COPY OP THE AGREEMENT NOW 1N EFFECT. 11) T14E EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE.SAID LAND,BUT WHICH,IF ANY DO EXIST,MAY AFFECT THE TITLE OR WIPCSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WILL REQUIRE A STATEMENT OF INFORMATION FROM VESTEES IN ORDER TO COMPLETE TFIIS REPORT. LI ND OF SCHEDULE'EDULF B HI/SK/MF POLICY RATE: 80%IFATIC ENCLOSURES: PLATS -4- Ordcr No. 140-854697-66 "NOTES AND RE011REMENTS SECTION_" NOTE NO.I "CALIFORNIA STATE SENATE BILL NUMBER 2319, EFPEC7IV8 IANUARY 1, 1991, REQUIRES THAT THE BUYER IN ALL SALES OF CALIFORNIA REAL ESTATE,WHEREIN THE SELLER SHOWS AN OUT OF STATE ADDRESS,WITHHOLD 3 1/3%OF TJIF TOTAL SALES PRICE AS CALIFORNIA STATE INCOME TAX, SUMECT TO THE VARIOUS PROVISIONS OP THE LAW AS THEREIN CONTAINED." NOTE NO.2 PAYOFF INFORMATION: NOTE: THIS COMPANY DOES REQUIRE CLIRRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. IF THE DEMAND IS EXPIRED AND A CORRECT DEMAND CANNOT BE OBTAINED, OUR REQUIREMENTS WILL BE AS FOLLOWS: A. IF THIS COMPANY ACCEPTS A VERBAL UPDATE ON THE DEMAND, WE MAY HOLD AN AMOUNT EQUAL TO ONE MONTHLY MORTGAGE PAYMENT. THE AMOUNT OF TI31S HOLD WILL BE OVER AND ABOVE THE VERBAL HOLD THE LENDER MAY HAVE STIPULATED. B. IF THIS COMPANY CANNOT OBTAIN A VERBAL UPDATE, ON THE DEMAND, WILL EITHER PAY OFF THE EXPIRED DEMAND OR WATT FOR THE AMENDED DEMAND,AT THE DISCRETION OF THE ESCROW. C. IN THE EVENT THAT A PAYOFF IS BEING MADE TO A SERVICING AGENT FOR THE BENEPICIARY,THIS COMPANY WILL REQUIRE A COMPLETE COPY OF THE SERVICING AGREEMENT PRIOR TO CLOSE. NOTE NO.3 IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNT$. THE MANDATORY HOLD IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. IF FUNDS ARE TO BE DEPOSITED WITH ORANGE COAST TITLE BUILDER SERVICES BY WIRE TRANSFER,THEY S14OUL➢ BE WZZZD TO THE FOLLOWING BANKIACCOUNT: BANK OF AAHRICA 100 WEST 33rd STREET NEW YORK,NY 1.0001 ABA.0260U9593 ACCOUNT NO. 1235563445 CREDIT TO THE ACCOUNT OF ORANGE COAST TITTLE BUMDER SERVICES PLEASE REFERENCE ORDER NO, 140.854697-66 AND HELEN JOHNSON,TITLE OFFICER i I it it -5- Order No. I40-954697-66 ORANGE COAST 'TITLE COMPANY 13UILDER SERVICES/COMMERCIAL DIVISION 3536 CONCOURS DRIVE #120 (M.7L ONTA UO, CA 91764 LWDERSSUPPLEMENTALREPORT THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS T1-IHRE'fO) IS IMU335Y MODIFIED AND/OR SUPPLEMENMD IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FORM AS FOLLOWS: A. THIS REPORT IS PREPARATORY TO TH19 ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE. THIS REPORT DISCLOSES NOTHING, WHICH WOULD PRECLUDE THE ISSUANCE OF SAID AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE WITH HNDOUSEMENT NO. 100 ATTACHED THERETO- D. THE DvIPROVEMENTS ON SAID LAND ARE DESIGNED AS: A COMMEtCLA.L/1NDUSTRIAL PROPERTY 20000 INDIAN AVENUE,IN TkIE CITY OF NORTH PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA. C. THE ONLY FEE CONVEYANCES AFFECTING SAID LAND RECORDED WITHIN 24 MONTHS OF THE DATE OF THIS REPORT ARE AS FOLLOWS: NONE. Ozder No. 140-S54697-66 1 XEMIT"A" A PORTION OF THE WEST HALF OF SECTION 14.TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO EASE AND MERIDIAN,AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 2%1856, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS"A"IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18,1955 IN BOOK 1908 PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,SAM MOST NORTHERLY CORNER BEING ON THE EAST LINE OF INDIAN AVENUE AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932IN BOOK 86 PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,DISTANT ALONG SAID EAST LINE NORTH 0.14'00"EAST,1,366.44 FEET,MORE OR LESS,FROM THE SOUTH LWE OF SAID WEST HALF OF SECTION 14, THENCE ALONG THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL,SOUTHERLY AND EASTERLY ALONG A NON. TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 50.00 FEET,FROM AN INITIAL TANGENT BEARING SOUTH 0'14'00"WEST AND TPIROUCFT A CENTRAL ANGLE OF POO OVA DISTANT OF 79.54 FEET; THENCE CONTINUING ALONG SAID BOUNDARY,SOUTH ST 46'00"EAST,13623 FEET;THENCE CONTINUING ALONG SAID BOUNDARY,EASTERLY AND SOUTHERLY ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 150 FEET AND THROUGH A CENTRAL ANGLE OF 5° 10 02"A DISTANCE OF 13.79 FEET TO A LINE PARALLEL W171-1 AND DISTANT 240.00 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM'1'HL WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE LEAVING SAID BOUNDARY,NORTH 0°14'OV EAST,ALONG SAID PARALLEL LINE,200.63 FEET TO A LINE PARALLEL WITH AND DISTANT 200.00 FEET NORTHERLY,MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE IN SAM BOUNDARY HEREIN RECITED AS"SOUTH 89°46'00"EAST, 136.23 FEET"AND ITS WESTERLY AND EASTERLY PROLONGATIONS;THENCE NORTH 89°46'00"WEST,ALONG THE LAST-MENTIONED PARALLEL LINE,240.00 FEET TO SAID WEST LINE; THENCE SOUTH 00 14'00"WEST ALONG SAID WEST LINE 150.00 FEET TO A POINT THAT 13EARE NORTH 89"46'00"WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 89"46'00"EAST 40.00 FEET TO THE POINT OF BEGINNING. EXCEPT ALL RIGHT,TITLE AND INTEREST,IF ANY,AND TO ANY OIL,GAS AND OTHER MINERALS(INCLUDING,WITHOUT LIMITATION,HELIUM,LIGNITE,SULFUR,PHOSPHATE AND OTHER SOLID,LIQUID AND GASEOUS SUBSTANCES), REGARDLESS OF THE NATURE THEREOF AND WHETHER SIMILAR OR DISSIMILAR BUT ONLY TO THE EXTENT ANY OF THE FOREGOING 1S IN ITS NATURAL STATE AND NATURAL LOCATION AND NOT SUBJECT TO THE DOMINION AND CONTROL OF ANY PERSON,AND,UPON THIRTY(30)DAYS PRIOR WRITTEN NOTICE TO GRANTEE,THE RIGHT TO EXPLORE FOR,DEVELOP AND PRODUCE SAME,AS WELL AS THE RIGHT TO LEASE SUCH PORTION OF THE PROPERTY HEREBY RESERVED FOR SUCH PURPOSES,AND ALL MINERAL AND ROYALTY RIGHTS WHATSOEVER IN,ON,UNDER AND PERTAINING TO THE PROPERTY;BUT GRANTOR,ITS SUCCESSORS AND ASSIGNS,SHALL H kVE NO MOT-IT TO USE,OR RIGHT OF INGRESS TO OR EGRESS FROM ANY PART OF THE SURFACE OF THE PROPERTY FOR EXPLORATION AND PRODUCING PURPOSES,EXCEPT WITH RESPECT TO(I)CURRENT ACTIVITIES AT AND ANY EXISTING CONTRACTUAL OR LEASEHOLD RIGHTS GRANTED TO THIRD PARTIES AND(11)ANY ADDITIONAL ACTIVITIES WICH HAVE BEEN CONSENTED TO IN WRITING BY GRANTEE,WHOSE CONSENT SHALL NOT BE UNREASONABLY WITHHELD,EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE,ANY 011,AND CAS DRILLING OPERATIONS,SHALL BE CONDUCTED BY MEANS OF WELLS,THE SURFACE LOCATIONS OF WHICH ARE ON OTHER LANDS AND WTUCH MAYBE DRILLED INTO AND BOTTOMED IN OR UNDER THE PROPERTY,GRANTOR SHALL EXERCISE ITS RIGHTS UNDER THE FOREGOING MINERAL, OIL AND GAS RESERVATION SO AS NOT TO➢ISTURB ANY IMPROVEMENTS,INSTALLATIONS,PETROLEUM OR OTHER PRODUCTS CONTAINED IN SUCH IMPROVEMENTS OR INSTALLMENTS OR SURFACE ACTIVITIES ON T14E PROPERTY. GRANTOR IS TO RECEIVE AND RETAIN ALL BONUSES,RENTALS AND ROYALTIES PAYABLE UNDER ANY SUCH MINERAL, OIL AND GAS LEASE OR LEASES,GRANTOR MAY ASSIGN,TRANSFER,SELL OR CONVEY SUCH OIL,GAS AND MINERAL RESERVATION TO ANY PERSON,CORPORATION,PARTNERSHIP OR OTHER ENTITY BY DEED RECORDED AUGUST 5, 1998 AS INSTRUMENT NO.98.325460 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. Oxda No. 140-854697-66 NOTICE REGARDING YOUR DEPOSIT OF FUNDS CALIFORNIA INSURANCE CODE SECTIONS 12413 ET SEQ. REGULATES THE DISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES,TIIE LAW REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW AND SUB-ESCROW ACCOUNTS AND BE AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT.FUNDS DEPOSITED WITH THE COMPANY BY WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT.FUNDS DEPOSITED WITH THE COMPANY VIA CASIHER'S CHECKS DRAWN ON A CALIFORNIA BASED BANIC MAY BE DISBURSED TITE NEXT BUSINESS DAY AFTER TIrE DAY OF DEPOSIT.IF FUNDS ARE DEPOSITED WITH BY OTHER METHODS,RECORDING OR DISBURSEMENT MAY BE DELAYED.ALL ESCROW AND SUB- ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITII OTHER FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY.THE COMPANY AND/OR ITS PARENT COMPANY MAY RECEIVE CERTAIN DIRECT OR MIRECT BENEFITS FROM TIC,FINANCIAL INSTITUTION BY REASON OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF SUCH ACCOUNTS WITH T14L FINANCIAL INSTITUTION,AND THE COMPANY Sl-IALL HAVE NO OBLIGATION TO ACCOUNT TO THE DEPPOSITING PARTY IN ANY MANNER FOR THE VALUE OF,OR TO PAY SUCH PARTY,ANY BENEFIT RECEIVED BY THE COMPANY AND/Ok ITS PARENT COMPANY.THOSE BENEFITS MAY INCLUDE,WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY AND/OR ITS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE ON THE PROCEEDS OF SUCH LOANS,ACCOUNTING,REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION.SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION WITH TEL ESCROW OR SUB-ESCROW. OTdoT No. 140-954697-66 ORANGE COAST TITLE BUILDER SERVICES PRIVACY POLICY WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE,WE MAY ASK YOU TO PROVIDE US WITH CERTAIN INFORMATION, WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH INFORMATION—PARTICULARLY ANY PERSONAL OR FINANCIAL INFORMATION. WE AGREE THAT YOU HAVE A RIGHT TO KNOW HOW WE WILL UTILIZE THE PERSONAL INFORMATION THAT YOU PROVIDE TO US, THEREFORE, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN TI•IE USF. AND HANDLING OP YOUR PGF=NAL NFORMA'TION, APPLICABILITY TI{IS PRIVACY POLICY GOVERNS OUR USE OF THE INFORMATION YOU PROVIDE TO US.1T DOES NOT GOVERN THE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED FROM ANY OTHER SOURCE, SUCH AS INFORMATION CBTAMPD FROM A PUBLIC RECORD ORFROM ANOTHER PERSON OR ENTITY. TYPES OF INFORMATION DEPENDING UPON W141CH OF OUR SERVICES YOU ARE UTILIZING,ITIE TYPES OF NONPUBLIC PERSONAL INFORMATION THAT WE MAY COLLECT INCLUDE; • NPORMATION WE RECEIVE FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHETHER IN WRITING,IN PERSON,BY TELEPHONE OR ANY OTHER MEANS. • INFORMATION ABOUT YOUR TRANSACTIONS WI1'H US,OUR AFFILIATED COMPANIES,OR OTHERS;AND NFORMA.TION WE RECEIVE FROM A CONSUMER-REPORTING AGENCY, USE OF INFORMATION WE REQUEST FNFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NO-T FOR BENEFIT OF.ANY NONAFFILIATED PARTY. THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFILIATED PARTIES EXCEPT: (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US; OR(2)AS PERMITTED BY LAW,WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELkTIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. FORMER CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER,OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU, CONFIDENTIALITY AND SECURITY WE WILL USE OUR BEST EIPORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION,WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES THAT NLED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU.WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR FMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WILL BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY.WE CURRENTLY MAINTAIN PHYSICAL,ELECTRONIC,AND PROCBDUPJtL SAFEGUARDS'IHA'l COMPLY WITI•I PEDEF-AL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION, Order No. 140-554697-66 LXIIIBIT `A' CALMORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1990 EXCLUSIONS PROM COVEEACE. The fallowing niatiers arc expo-ssly excluded from lhu covursgc of lilts policy and the Company will not pay loss or damage,costa,attorneys'fees ar expenses Which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordmance:,or regulations)nestnohng,regulating, prohibiting or relating(i)the occupancy,use,or enjoyment ofrhe land;(it)ilia character,dimensions or location of any improvement now or horesfler erected on the]and; (if)a scparadon in ownership or a change in the dimensions or area of ilia land or any parcel of which ilia land is or was a part; Or(IV) envimnincntal protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the cnfomement thereof or a notice of a dcfmci,lien,of ancumlrran"resulting from a violation or alleged violation affecting the land has been recorded in die public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the cxiciht that a noli"of flit exercise thereof or notice of a defect,lien or encumbrance resulting from a violation of alleged violation affecting tie land has been recorded in Ate public records at Date of Policy. 2. Rights of eminent domain unless notice of the examiac thereof has been recorded in the public mcoi ds at Date of Policy,but not excluding from coverage any taking which has occurred prior to Aalo of Policy which would be binding on then ghts of o purchaser for value without knowledge. 3. ➢efects,liens,eneamlarmlces,adverse claims or other matters: (a) whether or not recorded in the public records at Datc ofPnhcy,but created,suffered,assumed or agreed to by the insured clinmant; (b) not known to the Company,not recorded in the public records at Dam of policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to ilia date the insured claimant became an insured under this policy; (e) iasulling in no toss or damage to the insured claimant, (0) attaching or created subsequent to Rate of Policy;or (0) resulting in loss n damage which would not have been sustained if the insured claimant had paid value for the insured mortgage of for ilia cslaic or interest insured by this Pat icy. 4. Unenforeeability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing busincas laws of ilia state in which the land is situated. 5 Invalidity or unenferceabilily of the lien o£ihc insured mortgage,or claim thereof,winch arises out of tic transaction evidenced by tic insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out Of air transaction visiting in the insured the ester;of interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'nghts laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B,PART This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of. 1. Taxes Or assessmunts which are not slhown as existing lions by the mcords of any foxing authority that levies taxes or assessrnenta on roll property Or by the public records. Proceedings by a public agency which may result in taxes or asacssments,or notice; of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests,or claims which are not shaven by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 3. Basements,liens or encumbrances,or claims thcrcof,which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in aria,encroachments,or any other facts which a correct survey would dirclose,and which are not shaven by the public records. 5. (a) Unpatented mining claims, (b)reservations or cxccprions in patents or in Acts authonz,ng the issuance thereof, (c)water rights,claims or title to water, whether or not the matters excep cd under(a),(b)on(c)in c shown by the public Iacords- CLTA IIOMEOVVNER'S POLICY OF TITLE INSURANCE(6/2/98) & ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(1047/98)EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule S.You are not insured against loss,costs,attameys'fees,and cxpienses resulting from: l- Governmental police power,and the existence or violation ofany law or govemment regulation. This includes ordinances,laws and regulations cone mrig: (a) building; (b)zoning(c) Land use; (d)Improvcmenu on Land; (a) Land division; (f) environmental protection.This Exclusion does not apply to violations or the enforcement of these maters ifnotioe of One violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15.16,17,or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordnncc with applicable buildmg codes. 7nis Exclusion does not apply to violations ofbuildmg codes ifnotice of the violation appears in the Public Records atnhe Policy Dam, 3. The right to take the Land by condemning it, unless (a)notice of exercising tic light appei ns in the Public Records of the Policy Date; (b)ilia taking happened bcforc the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks (a) that are created,allowed,or agreed to by you,whether or not they appear in the Public Records,(b)that are known to you at the policy Date,but not to Us,unless they appear in the Public Records at Cie Policy Date;(a)that result in no loss To You;or(d)that first"cur after die Policy Date-this does nat limi t the coverage descnbcd in Covered Risk 7,8.d,22.23.24 or 25. 5. Pinhine to pay valu-for Your Title, 6. Lack ofa right•(a)to any Land outside the area specifically dcscribcd and refer ed to in paragraph 3 of Schedule A;and(b)in Sancti,alleys,or waterways that touch the Land. 'Ellis Exclusion does not limit the coverage described in Covered Risk 11 or 18, AMERICAN LAND T1TLF ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule B,you ate not inserted against IDaa,costs,attorneys'fees,and Cxpurses resulting from: 1. Governmental police power,and the existence or violation of any law of government regulation. This includes building and zoning mdmaneer and also laws and regulations concerning:land use,improvements on the land,lurid division or environmental protection. This exclusion does not apply to violations ar the enforcement of these matters which appear in the public records at Policy Date. This exclusion does net lkmitthc zoning covemge described in Items 12 and 13 of Covered Title Risks. 2. The right to lake the land by cooderrininght,unless:a notice ofexemisingthe right appears in the public records,on die Policy Dale,the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks:that are created,allowed,or agreed to by you;that are known m you,but noL to us,on the Policy l7me—unless they appeared m the public records;that result in no loss to you, that first affect your title after the Policy Date—this does not limit flit labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. lack of a right:to any]and outside tic area specificslly described and referred to in Item 3 of Schedule A; OR in straeta,alleys,or waterways that touch yourland. This exclusion does not limit the access coverage in Item 5 of Coveted Title Risks. Order No. 140-854697-66 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10.17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE& AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) WITD ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded floor the coverage Of this policy and file Company will not pay logs or damage,costs,attomey5'fees or expenses which arise by wagon of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and waning laws, ordinances, or regulations)mitncting, regulating,prohibiting or relating to(i)111e occupancy,use,or enjoyment ofthe land;(ii)the 01117ae1Cr,dimensions or laeadon of any improvement now or hereafter erected On the land;(till a separanon In ownership or a change in the dimensions or arcs ofihe]and or any parcel of which the land is or was sport; or(iv)environmental protection,or the effect of any violation of These laws,ordinances or governmental regulations,except to the extent that a notice ofthe enforcement thereof or a notice of a dcfcct,hen Or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power nor excluded by(a)above,except to the extent that a notice ofthe exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation cr alleged violation affecting fire land has been recorded in the public records at Date oi-Polley, 2. Rights of eminent domain unless notice,of the exerenie thercoShas been recorded in the public records at Date of Palley,burnot excluding from coverage any taking which lass Occurred prior to Date cf Pohcy which would be binding on the rights of a purchaser far velum without lmowledge, 3. Defects,liens,encumbrances,adverse claims or other matters. (a) created,suffered,assumed or agreed jo by the insured claimant; (b) not Imown 10 the Company,not recorded in the public records at Dole of Policy,but known to the insured Claimant and no:disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy (c) resulting in no loss or derange to the insured claimant; (d) anaehmg or created subscqunu to dare of policy(except to the extent that this policy insures the priority Of die lien of Cho insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded hacin as to assessments for street improvements under construction or completed at date Ofpoliey);Or (m) resulting in lass or damage which would not have been sustained if the insured claimant had Paid value for the insured mortgage. 4. Uncnforccabihity, of de lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner afthe indebtedness,to comply with applicable doing business laws ofthe state in which the land is situated. 5. Invalidity or uncnforaeabilily aflhe lien of the Insured mortgage,or claim tlitireof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer nadir pmtcenan or truth in lending law. G. Any Statutory Ilan for services,labor or materials(or Elie claim of priority of any statutory lien far sapvices,labor or materials over the lien of the roamed mortgage)arising from an improvement or work related to the land which is nominated for and commenced subsequent to Date of Policy and Is not financed in whole or in part by proceeds of rho indcliledncm seared by the insured mortgage which at Date of Policy the insured has advanced or is obligated to Advance, 7. Any claim,which allies out of the transaction creating the interest of the mortgagee insured by this policy,by reason Of the operation of federal banlortlplcy, state insolvency,or similar creditors'rights laws,that is based on: (h)the transaction creating the interest of The insured mortgagee being doomed a fraudulent conveyance or fraudulent transfer;or (it)the subordination ofdic interest ofthe insured mOrtgagcc as aresult Of the application of the docirine or equitable subordination;or (ii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument ofiransicr;or of such recordation to impart notice to a purchaser for value or a judgement or lien crodimr. AMERICAN LAND TITLE ASSOCIATION OIVN'ER'S POLICY(10-17-92)& AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded from the coverage of this policy and the Company will not pay hiss Or damage,costs,attorneys'fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting orrelating to(i)the occupancy,use,or enjoyment ofthe land; (ih)Ole character,dimensions or location of any improvement now or hereafter erected an the hand; (iii)a separation in ownership or a change in the dimensions or arcs of the land or any parcel of which the land is Or was a part; or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,hen or encumbrance resultng from a violation Or alleged violation affecting the land has been recorded in to publievicords at Date ofPchcy (b) Any governmental police power not excluded by(a)above,except to de extent that a notice Of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land lies been recorded in the public records at Dare of Policy. 2. Right's of eminent domain unless notice oftlie exercise ihereoflnas been recorded in the public records at Date of Policy,but not cxcladiiig item coverage any taking which has occurred prior ro Date ofPoliey which would be binding on the rights of a purclaser for value without Imowledg, 3. Defeats,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant (b) not]mown to the Company,not recorded in the public retards at Data of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date rho insured claimant became an insued under this policy; (a) resulting in no loss Or damage to the insured claimant; (d) attaching Or created subsequent to Dare ofPolimy;or (e) resulting in loss or damag,c which would not have been suaWncd ifthe insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in tie insured the estate or mterc5t insured by this policy,by reason of the operation of federal bankruptcy,stale insolvency,or similar urcditors'rights laws,that is based On: (i) the transaction Creating the estate or Interest Insured by This policy being deemed a fraudulent conveyance or fraudulent uansfer;or (ih) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results fr am the failure: (a)to timely record the Instrument of transfer;or(b)of such recordation to impart notice to a purchaser for value or a judgement or hen creditor. The above policy forms may be issued to afford either Standard Covcngc or Exendcd Coverage. In addition m the above Exclusions frmn Covcruge,to Exceptions from Coverage in a Standard Coverage Policy will PLO include the following Genaral Instructions; SCAEDULE B-EXCEPTIC14S PROM COVERAGE This policy does not insure against loss or dmnaRc(and the Company will not pay casts,atomeys'fees or expenses)which arise by reason of. 1. Taxes or zsscssmenu which are not shown as existing liens by the records of any taxing autmrity that lev(c taxes or assessmari on aedl property or by the publierceords. Proccsdings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records Of such agency or by the public retards. 2. Any.facts.rights,interests Or claims which are not shown by the public records but which could be ascertained by an inspection of The land or by malany, inquiry of persons In possession thereof. 3. Basements,liens or encumbrances,or claims thereof,which are not shown by the public retards. 4 Dkarepalieies,conflicts In boundary lions, shortage In area,encroachments, or any Other facts which a correct survey would disclose,and which are not shown by fne public records. S. (a)Unpatented mining clairru,(b)reservations or exceptions in patents or In Acts authorizing[lie issuance thereof; (e)water nglrts,claims ol'title to Water, whether Or not the nnncns excepted under(a),(b)Or(c)are shown by the public records � � zy-moo-ter 666-37 TR.R. 0s1-039 Of" 6 POR, SZ SEC. 14 T33. R.4E asl-ass !! b ase-0q4 I � asl-osa 36 Oae-!33 4� o 3 I ,I '. �p ] � . ur..s• rapt+ � �"� � + _ t FY•l Fe2 1L JJ����II "9�1 F'AV " 4iPn'ti:N[ 139 P:.M1'L m Klftr f f II z!ID'c, >,. vr,-ms a mxw SEE 3 Y.9L Lfl.fr L3S43 I �Y>,l !TI rl}j» rrl PSI-P3! _^J'fir V TAI OY'NS _ 1 PPr. PPr. ! MAP 665 I GAllrYlr/ O 21 1] t,* 38 I I MI-IPT F'3 ..]Ri I I(INolalr AE. aZR-Pass) I nrnr• o 'S•® r.nr.rar D�,O-9 Sm_rr ysirl les�rla-aa ee 23 24 151, ,9 — lrrs J 669 09 ,,,, ,ei "A I ] PRL 121146-47 parcel Rfoo hh 19326 � FE8161993 a S.•3. PAf 134168.89 n l 19073 nrl ar f1JFf• 'y IP.Il l%i S I1-11' I4Ti1:5 t R Fhl Ca Rd AG*.N!e d 6ali/. Y.wy.Af s .r 13n A59RIVER` MAP 81L6s6 P9:37 RIIIERSIOE GOUIM GtIF2921 c�a r x,s IPRIL 1968 CITY OF PALM SPRINGS OFFER TO PURCHASE PROJECT: 1/10 — Indian Avenue Interchange PARCEL: CO-2 APN: 666-370-005 OWNER: SONIKA, LLC The CITY OF PALM SPRINGS hereby makes you an offer of Eleven Thousand Eight Hundred Seventy Dollars ($11,870) as the purchase price for a portion of the land known as Assessor's Parcel Number 666-370-005, identified as Parcel CO-2- You are not required to vacate your property until payment of the purchase price has been made available to you. Your signature on the Offer to Purchase is strictly for the purpose of verification that such an offer has been made. The previously sent pamphlet explains your rights as a property owner. THIS IS NOT A CONTRACT TO PURCHASE, BUT MERELY AN OFFER TO PURCHASE FOR THE AMOUNT INDICATED ABOVE, u11HIC IS SUBJECT TO THE CITY COUNCIL'S_APPROVAL, Dated: r �; <M David H. Ready, nager Received a copy of the above offer this day of , 20 SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY APPROVED BY CITY COUNCIL BY: ����� 6 0 `� Lakhwinder Singh Turna, President CO.jw 10/30/08 001 PG 12.308 PAG144�5 AS Ta i �01A 5-eq STATEMENT OF JUST COMPENSATION Pursuant to a Resolution of the City Council of the City of Palm Springs (Authority), the City of Palm Springs (Buyer) is in the process of acquiring private property necessary for public use. We are prepared to purchase your property with title being subject only to any existing easements or restrictions of record. In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, and/or Chapter 16 of Division 7 of Title I of the Government Code, an estimate of just compensation in the amount of Twenty Nine Thousand Three Hundred Dollars ($29,300) has been made for the interest to be acquired in your property (see "Legal Description"). This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value which he determined after a personal inspection of your property, at which time, you or your representative were given the opportunity to accompany him. The appraisal takes into consideration the location of your property, its highest and best use, and current sales of properties similar to your property. DEFINITION OF FAIR MARKET VALUE The definition of fair market value as it applies herein is contained in Section 1263.320 of the Code of Civil Procedure of California, which is quoted in part as follows: "(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by the seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." 1 Just Compensation includes amounts for the land, improvements, severance damage if any, and other elements as follows: LAND $11,870 IMPROVEMENTS $0 SEVERANCE $0 TEMPORARY CONSTRUCTION EASEMENT $17,434 OTHER $0 TOTAL - ROUNDED $29,300 Any increase or decrease in the market value caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation. LEGAL DESCRIPTION: Fee simple acquisition of real property in Riverside County, California for State Highway purposes, described as follows: EXHIBIT "A" (Legal Description) LEGAL DESCRIPTION: A temporary construction easement, commencing with thirty (30) days notice as specified in the Temporary Construction Easement Agreement and continuing for a period of twenty four (24) months, or until the completion of the 1-10/Indian Avenue Interchange Project, whichever shall be sooner, described as follows: EXHIBIT "B" (Legal Description) 2 Previously mailed to you was a copy of "Information Brochure Regarding Your Rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". STATEMENT OF OWNER(S) I(We/They have been informed of my/our/their rights under Public Law 91-646 and State Statutes. (Initials) I/We/They have read and understand the Statement of Just Compensation. (Initials) There are persons living on the property. Yes No There are businesses being conducted on the property by others. Yes No The following are living or are conducting business on the property (including owner if in occupancy): Give name and address. Signatures on this form do not constitute agreement on value, but only serve to indicate receipt of the form. Signature by owner(s) regarding relocation assistance information does not in any way obligate ow er(s), but only serves to provide the agency with information for relocation pla ing. q Dated: Z , / By: t David H. Ready, City M r Received a copy of the above offer this day of SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Lakhwinder Singh Turna, President CO:,W APPROVED BY CITY COUP,IaI o/3otos �a� b 001 PG 1 �1�I 0`5 �r $t7 4APPROVED AM F0P Al2.3086 riz ;V,T ASSESSOR'S PARCEL NO. 666-370-005 Exhibit "A" PARCEL CO-2 For Public Road purposes, that portion of the west half of Section 14, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the County of Riverside, State of California, as shown by official plat of said land approved by the Surveyor General February 29, 1856, more particularly described as follows: BEGINNING at the most Northerly corner of that certain Parcel described as "A" in deed to the State of California recorded October 18, 1955 in book 1808, Page 127 of Official Records of Riverside County, California, said most Northerly corner being on the Easterly Right-of-Way line of Indian Avenue (12,192 meters Easterly, as measured at right angles from centerline) as described in Deed to the County of Riverside recorded August 2, 1932 in Book 86, Page 92 of Official Records of Riverside County, California; thence (1) leaving said Easterly Right- of-Way line S.44036'39"E., 21.554 meters to a point on the boundary of said State of California Parcel, said point being the Southeasterly end of that certain 50 foot radius curve described per said deed; thence (2) from a tangent which bears S_89036'33"E., Northwesterly along said boundary and a 15.241 meter radius curve to the right, through a central angle of 89059'47", an arc length of 23.940 meter to the POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6_ To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 66.291 sq. meters, 0.0066 hectares_ Page 1 of 2 11' 14.07_ Exp_SPI31107� x Michael A. Havener, PLS 7354 Date No.7354 4 Exp. 12-31-07 �� g�FOF- CAL�F�cr Page 2 of 2 EXHIBIT " B " I "N' ttl Ltl W R/W LINE PER DEED M REC. 8/02/32 IN z BK. 86, PG. 92 O.R. 7 12.192 m < APN 565-370--005 P O J- !1 J 1 2 CT) ttl _ r r Z L) ca P.O.B. r7 r r7 ! L N'LY COR. n— l PAR. "A" PER r ry 0 Z tt r , U7 � DEED TO STATE Jv] CO-2 OF CALIFORNIA REC. 10/18/55 1 y IN BK, 1808 PG. 127 D.R. r t� rnl � p & l" z I \2,392Yj9�j.. 0 � `BOUNDARY OF PAR. "A" PER DEED 1E PG. 1027 D.R. N BK. 808 20rH y� AVENv E �4 ANOH�`�y�D LEGEND LOCAL RIGHT—OF—WAY ACQUISITION EXP. 31 DEC 07 AREA = 66.3 SQ. METERS (O.DO66 SQ. FT.) P,O.B. POINT OF BEGINNING �r9T No. 735k Q�\� E OF CA0FO $ CO COUNTY OF RIVERSIDE PAR. NO. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. . CO-2 OTHERWISE NOTED. MULTIPLY DISTANCES MH BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/ LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE! NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET 1 OF I SHEET ASSESSOR'S PARCEL NO. 666-370-005 PARCEL CI-15 A temporary easement for construction purposes in and to that portion of the west half of Section 14, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the County of Riverside, State of California, as shown by official plat of said land approved by the Surveyor General February 29, 1856, more particularly described as follows: BEGINNING at the most Northerly corner of that certain Parcel described as "A" in deed to the State of California recorded October 18, 1955 in book 1808, Page 127 of Official Records of Riverside County, California, said most Northerly corner being on the Easterly Right-of-Way line of Indian Avenue (12.192 meters Easterly, as measured at right angles from centerline) as described in Deed to the County of Riverside recorded August 2, 1932 in Book 86, Page 92 of Official Records of Riverside County, California; thence (1) along said Easterly Right-of- Way line N.00023'14"E., 36.909 meters; thence (2) leaving said Easterly Right-of- Way line S.89036'59"E., 5.000 meters; thence (3) 5.00023'14"W., 37.098 meters to a tangent 10.000 meter radius curve to the left; thence (4) along said curve, through a central angle of 75040'29", an arc length of 13.208 meters; thence (5) S.75017'15"E., 1.472 meters; thence (6) 5.89036'33"E., 47.021 meters to a line that is parallel with and distant 73.152 meters Easterly, measured at right angles, from the West line of said West half of Section 14; thence (7) along said parallel line 5.00023'14"W., 5.193 meters to a point on the boundary of said State of California Parcel; thence (8) from a tangent which bears 5.84020'34"E., Westerly Page 1 of 2 along said boundary and a 45.724 meter radius curve to the left, through a central angle of 5015'59", an are length of 4.203 meters; thence (9) continuing along said boundary N.89°36'33"W„ 41.536 meters; thence (10) leaving said boundary N.44°36'39"W., 21.554 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 446.6 sq. meters, 0.0447 hectares. A. h o No.7354 Q Michael A. Havener, PL5 7354 bate 9TF�F CAG�F�¢� Exp- 12-31-09 Page 2 of 2 i ' b• 1 EXHIBIT " B " : 12.192 m S 89'36'59" E 5.0D0 m ttl ttl R/W LINE PER DEED Lv D CT) E E REC. 8/02/321N D m DK. 86, PG. 92 D.R. z rn o j73.152 m Q w 5; PD W1 1/2 APN 666-370-005 z �, N N � t -r ❑ Fj LL, LL, L�- ttl z z � � � w LL J v� n r L? n� co / CI-15 rn o �yTS�y. l ici Ln /pO.B. �rIf S 89'36'33" E 47.021 m - tL, r, N'LY CDR. PAR. "A" PER /y DEED TO STATE OF CALIFORNIA N B9-36'33" W 41.536 m { C) REC, 10/18/55 Y I a IN BK. 1808 BOUNDARY OF PAR. 'A" wl w PG- 127 O.R. PER DEED REC. 10/18/55 IN BK. 1808, PG- 127 O.R. r- ny 20TH �a`Pp4 ANDHq`�L� o� - � A �EI�U� 1 1 EXP. 31 DEC 09 T7p 0. 735�' LEGEND e of CA1.�F� TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 446.6 SQ. METERS (0.0447 HECTARES) TABULATED CURVE DATA CURVE I DELTA I RADIUS LENGTH P.O.B. POINT OF BEGINNING Cl 175-40-29-1 10.000 m 13.208 m CI CITY OF PALM SPRINGS PAR, NO. C2 1 515 59" 45.724 m 4.203 m DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. N0. : CI-15 OTHERWISE NOTED- MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES, TO CONVERT METERS PROJECT: !-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 8-13-08 SHEET i OF 1 SHEET Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions Project: 1-10 and Indian Avenue Interchange Project No.: 001 PG APN: 666-370-005 Parcels: CO-2 RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS RIGHT-OF-WAY AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of , 20 , by and between the CITY OF PALM SPRINGS, a municipal corporation ("Buyer") and SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Seller"), with reference to the following facts: RECITALS A. Seller is the owner of certain real property comprised of approximately seven hundred fourteen (714) square feet, located in the City of Palm Springs ("City"), the County of Riverside ("County"), State of California ("State"), designated by Parcel Number CO-2, which is a portion of Assessor's Parcel Number 666-370-005, more particularly described on Exhibit A attached hereto ("Property"). B. Seller desires to convey to Buyer and Buyer desires to acquire from Seller the Property, in accordance with the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows. AGREEMENT 1. PURCHASE AND SALE. 1.1. Agreement to Buy and Sell- Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, the Property. As used herein the "Property" shall include the real property identified on Exhibit A and all of Seller's right, title and interest in and to any and all entitlements, tenements, hereditaments, easements, easement rights, rights to half-widths of all adjacent public streets and public rights of way, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon. i ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 1.2, Purchase Price. The purchase price ("Purchase Price") for the Property shall be Fourteen Thousand Nine Hundred Twenty Three Dollars ($14,923) payable as cash at closing. 1.3. Deed of Trust. Any and all moneys payable under this contract, up to and including the total amount of unpaid principal and interest on the note secured by Deed of Trust recorded July 6, 2004, as Instrument No. 2004-0520457, Official Records of Riverside County, shall, upon demand, be made payable to the beneficiary entitled thereunder; said beneficiary to provide a reconveyance as the Assessor's Parcel Number 666-370-005, and to furnish Seller with good and sufficient receipt showing said moneys credited against the Indebtedness secured by said Deed of Trust. Seller hereby authorizes and directs the disbursement of funds which are demanded under the terms of said Deed of Trust. 2. ESCROW AND CLOSING. 2.1. Opening_ of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow (the "Escrow") with Stewart Title, at the address set forth in Section 7.12 ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof, The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control- 2-2. Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's usual fees, charges and costs incidental to the conveyance of the Property which arise in this Escrow. 2.3. Closing Date; Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before April 30, 2009 (the "Closing Date"). As used in this Agreement, the "Close of Escrow" shall mean the date a Grant Deed, as provided In Section 2.4.2(a) hereof ("Grant peed"), Is recorded in the Official Records of the County. 2.3.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to purchase the Property are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the 2 RqW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2, (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; (c) No event or circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow; (d) There shall have occurred no material adverse change in the physical condition of the Property (such as those caused by natural disasters) which would render the Property unsuitable for Buyer's intended use or which would materially increase the cost or cause a material delay in the schedule for the development of the Property; and (e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Property, subject only to the Permitted Exceptions. 2.3.2 Conditions to Seller's Obligations. The Close of Escrow and Seller's obligation to sell and convey the Property are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow 3 ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2.4. Closing. Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 Buyer's Deposits. Buyer shall deposit: (a) The Purchase Price together with Buyer's escrow and other cash charges; and (b) A Certificate of Acceptance for the Grant Deed in the form of Exhibit D. 2.4.2 Seller's Deposits. Seller shall deposit: (a) The Grant Deed in the form of Exhibit C attached hereto, the Property subject only to the Permitted Exceptions (defined below); (b) Subject to Section 2.5.1 below, an executed Affidavit of Non-foreign Status in the form of Exhibit E attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and (c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller. 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the sale of the Property in accordance with the terms of this Agreement. 2.5. Closing. 2.5.1 Withholding. In the event that, pursuant to Section 2.4.2(b) above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non-foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Property less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2.4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding a ROW! I-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Property as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions of California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations. 2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed in the Office of the County Recorder of the County, (ii) pay any transfer taxes, (iii) instruct the County Recorder to return the Grant Deed to Buyer, (iv) distribute to Seller the Purchase Price, and (v) deliver to Buyer the Title Policy covering the Property subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any. 2.5.3 Taxes and Assessments. Real property taxes and assessments shall be prorated as of the Close of Escrow on the basis of the most recent tax information and such proration shall be final. Said prorations shall be based on a three hundred sixty-five (365) day year. 2.5.4 Title and Possession. Upon the Close of Escrow, title to and exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions. 2.6. Failure to Close: Termination. 2.6.1 Neither Party in Default. In the event that any condition set forth in Section 2.3 is not satisfied or waived, in writing, and the Close of Escrow does not occur within the time required herein due to the failure of such condition or the Close of Escrow does not occur within the time frame required herein for any reason other than Seller's or Buyer's breach of or default of its respective obligations hereunder, or if this Agreement is terminated without default by either party as otherwise set forth herein, then Escrow Holder, with no further instructions from the parties hereto, shall return to the depositor thereof any funds, or other materials previously delivered to Escrow Holder, the Escrow shall be automatically terminated and of no force and effect, Buyer shall pay any Escrow termination fees, and except as otherwise provided herein the parties will have no further obligation to one another. 5 ROW: 1.10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Orange Coast Title (the "Title Company") will furnish Buyer with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3. Possession and Use. It is mutually understood and agreed by and between the parties hereto that the right of possession and use of the Property by the Buyer, including the right to remove and dispose of improvements, shall commence upon the execution of this Agreement by Seller. The Purchase Price includes, but is not limited to, full payment for such possession and use. 3.4. Seller's Covenant Not to Further Encumber the Pro ert . Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations 6 ROW, 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 3.5. Loss_ or Damage to Improvements. Loss or damage to the Property, including any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Grant Deed shall be at the risk of Seller. In the event that loss or damage to the Property, or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant Deed, City may elect to require that the Seller pay to Buyer the proceeds of any insurance policy or policies which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4,1.1 Seller's Authority. Seller is the sole owner in fee simple absolute of the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set forth in the Title Commitment, nor entered into any Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and performance by Seller of the transactions contemplated by this Agreement will not violate or breach any other agreement, covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. This Agreement has been duly authorized and executed by Seller, and upon delivery to and execution by Buyer shall be a valid and binding agreement of Seller. 4.1.2 Hazardous Substances. Neither Seller nor any third party has used, generated, manufactured, stored or disposed any Hazardous Substances in, at, on, under or about the Property or transported any Hazardous Substance to or from the Property. Additionally, (a) the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on, under or about the Property including, but not limited to, soil or groundwater conditions; (b) the Property has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance; (c) there has been 7 ROW. 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions no discharge, migration or release of any Hazardous Substance from, into, on, under or about the Property; (d) there is not now, nor has there ever been on or in the Property underground storage tanks or surface impoundments, any asbestos- containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment, and (e) there is not now, nor has there ever been, debris or refuse buried in or under the Property which would adversely affect the development of the Property. Seller hereby assigns to Buyer as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which Seller may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Property. As used in this Agreement, the term "Hazardous Substances" shall have the meaning set forth on Exhibit F attached hereto. At any time prior to the Close of Escrow, Buyer shall have the right to conduct appropriate tests of water and soil to ascertain the presence of any Hazardous Substances on, in, under and about the Property. 4.1.3 Endangered Species. To Seller's knowledge, there are no endangered species or protected natural habitat, flora or fauna located on the Property, nor is any portion of the Property located in what is or may be designated as a wetland. 4.1.4 Mechanic's Liens. There are no mechanics', material men's or other claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. 4.1.5 Leases/Easements. There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. 4.1.6 Other Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property. 4.1.7 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, 8 ROW: I-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the foregoing representations or warranties untrue. 4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow. 4.2.1 Buyer's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Seller in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify and hold free and harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any 9 ROW. 1-10 and Indian Interchange Fight-of-Way Agreement for Acquisition of Real Property and Escrow Instructions representation or warranty of the indemnifying party or any breach or default by such Indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre- condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7. GENERAL PROVISIONS. 7.1. Counterparts: Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered. io ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 7.2. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whether the same occurs before or after the Close of Escrow. 7.3. Entire Agreement. This Agreement, together with all exhibits hereto and documents referred to herein, If any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement whether or not actually attached. 7.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. 7.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 7.6. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 7.7. Waiver of Covenants. Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not Invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 7.8. Legal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the ROW! 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. 7.9. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other. 7.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 7.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure zo the benefit of the successors and permitted assigns of the parties to this Agreement. 7.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next-day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: James Thompson City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.. (760) 322-8332 Telephone No.: (760) 323-8204 12 ROW: I-10 and Indian Interchange Fight-of-Way Agmementfor Acgwsitlon of Real Property and Escrow Instructions With a copy to: Attn: James Force Right-of-Way Acquisition Agent County of Riverside 3133 Mission Inn Avenue Riverside, CA 92507 Facsimile No.: (951) 955-4837 Telephone No.: (951) 955-4822 If to Seller, to: Attn: LAKHWINDER SINGH TURNA 7590 Fairway Drive Yucca Valley, CA 92284 Telephone No.: (760) 333-3351 If to Escrow Holder, to: Attn: Grace Kim Stewart Title 2010 Main St., Suite 220 Irvine, CA 92614 Facsimile No.: (714) 242 9886 Telephone No.: (949)224-8606 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to contlnue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 7.13. Survivability. All covenants of Buyer or Seller which are Intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. 7,14, Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and 13 ROW, 1.10 and Indian Interchange Right-ef-Way Agreement for Acquisition of Real Property and Escrow Instructions is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE DEBT, R." 11 Seller's Initials 1a ROW: 1-10 and Indian Interchange Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions 7.15 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council then the parties will have no further obligation under this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. BUYER SELLER SONIKA, LLC, A CALIFORNIA LIMITED CITY OF PALM SPRINGS, a municipal LIABILITY COMPANY corporation, Lakhwinder Singh Turna, President David H. Ready a City Manager Attest: A?PROVED 'f C1 I. ZIAmes Thompson City Clerk Approve as to form by: WO TQRU,F-F, SFRjPZbIN MART ou s C. H , Esq. Cj Attorney Exhibit List Exhibit A Legal Description of the Property Exhibit B -- Depiction of Property Exhibit C -- Form of Grant Deed Exhibit D Form of Certificate of Acceptance Exhibit E -- Affidavit of Non-foreign Taxpayer Status Exhibit F -- Definition of Hazardous Substances CC:iw 10/30/08 001 PG 12.308 15 ROW: 1-10 and Indian Interchange ACCEPTANCE BY ESCROW HOLDER: Stewart Title hereby acknowledges that it has received a fully executed counterpart of the Foregoing Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code §18562 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: STEWART TITLE By: Name; Its: co:jw 10/30/08 001PG 12.308 ASSESSOR'S PARCEL NO. 666-370-005 Exhibit"A" PARCEL CO-2 For Public Road purposes, that portion of the west half of Section 14, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the County of Riverside, State of California, as shown by official plat of said land approved by the Surveyor General February 29, 1856, more particularly described as follows: BEGINNING at the most Northerly corner of that certain Parcel described as "A" in deed to the State of California recorded October 18, 1955 in book 1808, Page 127 of Official Records of Riverside County, California, said most Northerly corner being on the Easterly Right-of-Way line of Indian Avenue (12.192 meters Easterly, as measured at right angles from centerline) as described in Deed to the County of Riverside recorded August 2, 1932 in Book 86, Page 92 of Official Records of Riverside County, California; thence (1) leaving said Easterly Right- of-Way line 5.44°36'39"E., 21.554 meters to a point on the boundary of said State of California Parcel, said point being the Southeasterly end of that certain 50 foot radius curve described per said deed; thence (2) from a tangent which bears 5.89036'33"E., Northwesterly along said boundary and a 15.241 meter radius curve to the right, through a central angle of 89°59'47", an arc length of 23.940 meter to the POINT OF BEGINNING. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937f1200. Area = 66.291 sq. meters, 0.0066 hectares_ Page 1 of 2 4�- kq YL�o G A✓1 Fsi� trr/1N�_ �1, l y"07 - Up.12131/07 Michael A. Havener, PL5 7354 Date cn No.7354 q Exp. 12-31-07 9TFOF, CA�\F�� Page 2 of 2 EXHIBIT " B " LLI ttl t11 R/W LINE PER DEED W7 �7 REC. 6/02/32 IN Z BK. 86, PG, 92 O.R. j12.192 m Q APN 666-370-005 Fl J 2 CID a - 0, 1�f Z < � `� 1 Q 0)7 P.O.B. 3 Ej r()1 f iI r �� J, r N'LY CDR. Q LLl PAR. "A" PER !� 1 DEED TO STATE L I- CO-2 OF CALIFORNIA REC. 10/18/55 IN BK. 1808 try 2,y3 PG, 127 O.R. BOUNDARY OF PAR. PER DEED NEC. 10/18/55 N IN BK. 1808, PG. 127 O.R. 20TH � AVENI i SF LAND So LEGEND V� I� LOCAL RIGHT-OF-WAY ACQUISITION EKP. 31 DEC 07 �..1 AREA = 66.3 SQ. METERS (0.0066 SQ. FT.) {z fr P P.O.B. POINT OF BEGINNING �r9T N0• 735k 2t'� P OF CAL\Fn CO COUNTY OF RIVERSIDE PAR. NO. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CO-2 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES_ TO CONVERT METERS PROJECT: 1-10ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 11-16-07 SHEET1 OF 1 SHEET EXHIBIT C FORM OF GRANT DEED RECORDING REQUESTED BY Stawart Tille WHEN RECORDED RETURN TO: Attn. James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 12.3081103008\001PG%COtw SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording charges under Government Code § 6103 GRANT OF EASEMENT DEED APN: 666-370-005 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue &Taxation Code § 11922. THE UNDERSIGNED SELLER DECLARES: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, an easement for public road and drainage purposes, including public utility and public services purposes, over, upon, across, and within the real property in the County of Riverside, State of California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date. SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY. Lakhwinder Singh Turna, President ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area For official notarial seal ASSESSOR'S PARCEL NO. 666-370-005 Exhibit "A° PARCEL CO-2 For Public Road purposes, that portion of the west half of Section 14, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the County of Riverside, State of California, as shown by official plat of said land approved by the Surveyor General February 29, 1856, more particularly described as follows: BEGINNING at the most Northerly corner of that certain Parcel described as "A" in deed to the State of California recorded October 18, 1955 in book 1808, Page 127 of Official Records of Riverside County, California, said most Northerly corner being on the Easterly Right-of-Way line of Indian Avenue (12,192 meters Easterly, as measured at right angles from centerline) as described in Deed to the County of Riverside recorded August 2, 1932 in Book 86, Page 92 of Official Records of Riverside County, California; thence (1) leaving said Easterly Right- of-Way line 5.44'36'39"E., 21 .554 meters to a point on the boundary of said State of Califomia Parcel, said point being the Southeasterly end of that certain 50 foot radius curve described per said deed; thence (2) from a tangent which bears 5.89036'33"E., Northwesterly along said boundary and a 15.241 meter radius curve to the right, through a central angle of 89159'47", an arc length of 23.940 meter to the POINT OF BEGINNING_ The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 66.291 sq. meters, 0.0066 hectares. Page 1 of 2 \-NNE) SUS h4 A. L�= / mod �J U F P �,vvyc�n� (l• !k 07 Exp.t 7J31Jo7A � Michael A Havener, PLS 7354 Date v No.7354 Exp. 12-31-07 F�F CA��FO Page 2 of 2 EXHIBI T " B " UJ Ltl �tl Cry R/W LINE PER DEED REC. 8/02/32 IN 77 BK. 86, PG. 92 O.R. j12.192 m Q APN 666-370-005 P J P'�s W V 2 �J� LLl n J� J� 4 Q P.C.B. WILY COR. a LA- LLl PAR. "A" PER r r �7 DEED TO STATE ��11 CO-2 OF CALIFORNIA r v� REC. 10/18/55 1 y ti IN BK, 1808 PG. 127 O.R. cpo- I a ss�,�96 L, � 2�S�Y9Tr�e �I BOUNDARY OF PAR. PER DEED REC. 10/18/55 N IN OK, 1808, PG. 127 O.R. 20 TH y; q VEN/ � E � � D, ANHR4RLF` ) LEGEND LOCAL RIGHT-OF-WAY ACQUISITION EXP, 31 DEC 07 AREA = 66.3 SO. METERS (0.0066 SQ. FT.) w P.O.B. POINT OF BEGINNING �r9T No. 735k F OA CAL�FC CO COUNTY OF RIVERSIDE PAR. NO. DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR NO. : CO-2 OTHERWISE NOTED. MULTIPLY DISTANCES BY 0,99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DATE: 11-16-07 SHEETI OF I SHEET EXHIBIT D CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant Deed from , Grantor, dated , 20 , to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City, by the order of the City Council of the City of Palm Springs on the day of 20—, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. CITY OF PALM SPRINGS By: Name: James Thompson Title: City Clerk DATED: 20 EXHIBIT E DO NOT RECORD. TRANSFEREE (BUYER) DO NOT SEND MUST RETAIN FOR TO IRS. SIX YEARS AFTER THE TRANSACTION. CERTIFICATION OF NON-FOREIGN STATUS BY TRANSFEROR 1, Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person, 2, In order to inform each transferee that withholding of tax is not required upon disposition of a U. S. real property interest by (hereinafter referred to as "the Transferor"), the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor- A. The one item marked below is true and correct: (1) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations). (II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS CERTIFICATE A TRUE AND GENUINE COPY OF THE ACKNOWLEDGMENT OF SUCH ELECTION ISSUED BY THE IRS. B. The Transferor's social security number is C. The Transferor's address is 3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both). 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result of: A. the Transferor's failure to pay any U. S. Federal income tax which the Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. EXECUTED in County, State of on Transferor: By: Title: EXHIBIT F HAZARDOUS SUBSTANCE DEFINITION The term "Hazardous Substance" as used in this Agreement shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "hazardous chemical substance or mixture', "imminently hazardous chemical substance or mixture', "toxic substances", "hazardous air pollutant', "toxic pollutant' or"solid waste' in the statues or regulations listed below. Hazardous Substances shall also mean any and all other similar terms defined in other federal state and local laws, statutes, regulations, orders or rules and materials and wastes which are, or in the future become, regulated under applicable local, state or federal law for the protection of health or the environment or which are classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, parch Ioroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) A "Hazardous Substance', "Hazardous Material', "Hazardous Waste', or "Toxic Substance' under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et sec., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seq., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et sec.; (2) "Oil' or a "Hazardous Substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product; (3) Listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity; (4) A material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the property to be put to any lawful purpose; (5) Any material the presence of which would require remediation, whether or not the presence of such material resulted from a leaking underground fuel tank; (6) Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; (7) Asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et sec.; (8) Any radioactive material including, without limitation, any "source material', "special nuclear material", "by-product material', "low-level wastes", "high-level radioactive waste", "spent nuclear fuel' or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§ 2011 et sue., or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq. (9) Industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et sea.; All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and/or definition of Hazardous Substance defined herein. 6 1 CITY OF PALM SPRINGS (Herein referred to as "City"), and 2 SONIKA, LLC 3 (Herein referred to as "Grantor") 4 PROJECT: I-10 / Indian Ave Interchange 5 PARCEL- CI-15 APN: 666-370-005 6 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 7 1. The right is hereby granted City to enter upon and use the land of Grantor in 8 the City of Palm Springs, County of Riverside, State of California, described as Assessor's Parcel Number 666-370-005, depicted on the plat map attached hereto, and made a part 9 hereof, for all purposes necessary to facilitate and accomplish the construction and installation of Indian Avenue and 1-10 interchange. to 2. The temporary construction easement, used during construction of the project 11 consists of approximately four thousand eight hundred seven (4,807) square feet as designated on the attached legal description, referenced as Exhibit "A", and plat map, 12 referenced as Exhibit "B". 13 3. A thirty (30) day written notice shall be given to Grantor prior to using the rights herein granted. The rights herein granted may be exercised for twenty four (24) months from 14 the thirty (30) day written notice, or until completion of said project, whichever shall be sooner. 15 4. It is understood that the City may enter upon Grantor's property where appropriate or designated for the purpose of getting equipment to and from the easement 16 area. City agrees not to damage Grantor's property in the process of performing such activities. 17 5. The right to enter upon and use Grantor's land includes the right to remove and 18 dispose of real and personal property located thereon. 15 6. At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will 20 be graded and left in a neat condition. 21 7. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. 22 8. Grantor hereby warrants that they are the owners of the property described 23 above and that they have the right to grant City permission to enter upon and use the land. 24 9. This agreement is the result of negotiations between the parties hereto. This agreement is intended by the parties as a final expression of their understanding with respect 25 to the matters herein and is a complete and exclusive statement of the terms and conditions thereof. 1 1 10. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 2 11. This agreement supersedes any and all other prior agreements or 3 understandings, oral or written, in connection therewith. 4 12. Grantor, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly 5 and severally liable thereunder. 6 13. City agrees to pay Grantor for the right to enter upon and use Grantor's land in accordance with the terms hereof. 7 s 1/l 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 14. City shall pay to the order of Grantor the sum of Twenty One Thousand One Hundred Fifty Dollars ($21,150) for the right to enter upon and use Grantor's land in 2 accordance with the terms hereof. 3 Dated: � 200q 4 5 SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 6 rI 7 By: �ii��u Lakhwinder Singh Turns, President 8 9 10 CITY OF PALM SPRINGS, a municipal corporation 1 �1 APPROVED BY CITY COUNCIL 12 David H. Ready, City 13 ATTEST: ` 14 15 By mas Thompson, City Clerk 16 17 APPROVED AS TO FORM: 18 WOOD UFF, SPRADLIN & SMAR 19 By: � 20 C. Holl n sq., City Attorney CO:jw 10/30/08 21 001 PG 12,308 22 23 24 25 3 ASSESSOR'S PARCEL NO. 666-370-005 Exhibit "A" PARCEL CI-15 A temporary easement for construction purposes in and to that portion of the west half of Section 14, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the County of Riverside, State of California, as shown by official plat of said land approved by the Surveyor General February 29, 1856, more particularly described as follows: BEGINNING at the most Northerly corner of that certain Parcel described as "A" in deed to the State of California recorded October 18, 1955 in book 1808, Page 127 of Official Records of Riverside County, California, said most Northerly corner being on the Easterly Right-of-Way line of Indian Avenue (12,192 meters Easterly, as measured at right angles from centerline) as described in Deed to the County of Riverside recorded August 2, 1932 in Book 86, Page 92 of Official Records of Riverside County, California; thence (1) along said Easterly Right-of- Way line N.00023'14"E., 36.909 meters; thence (2) leaving said Easterly Right-of- Way line S.89°36'59"E., 5.000 meters; thence (3) S.00023'14"W., 37.098 meters to a tangent 10.000 meter radius curve to the left; thence (4) along said curve, through a central angle of 75040'29", an arc length of 13.208 meters; thence (5) S.75017'15"E., 1.472 meters; thence (6) S.89036'33"E., 47.021 meters to a line that is parallel with and distant 73.152 meters Easterly, measured at right angles, from the West line of said West half of Section 14; thence (7) along said parallel line S.00023'14"W., 5.193 meters to a point on the boundary of said State of California Parcel; thence (8) from a tangent which bears S.84020'34"E., Westerly Page 1 of 2 along said boundary and a 45.724 meter radius curve to the left, through a central angle of 5015'59", an arc length of 4.203 meters; thence (9) continuing along said boundary N.89036'33"W., 41.536 meters; thence (10) leaving said boundary N.44036'39"W., 21.554 meters to the POINT OF BEGINNING. The above-described easement is temporary and shall expire on or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 446.6 sq. meters, 0.0447 hectares. A. � P n No.7354 n / Michael A. Havener, PLS 7354 Date �9FOF CA�F��� Exp. 12-31-09 Page 2 of 2 EXHIBIT " B " 12.192 m S 89'36'59" E 5.000 m U tLl R/W LINE PER DEED L7 7 E REC. $/02/32 IN D BK. 86, PG. 92 D.R. z rn o M 73.152 m .q w � APN 666 370-005 J P ✓ J Ale z O , J ES, rJ, 4 L it 9 3,J\A' E P.O.B. �ir3pr K 6'33" E 47.021 m N'LY COR. �9:n PAR. "A" PER /v DEED TO STATE OF CAUFORNIA N 89'36'33" W 41.536 m REC. 10/18/55 V I� IN BK. 1808 BOUNDARY DF PAR. "A" wl Iw PG. 127 O.R. PER DEED REC. 10/18/55 IN BK. 1808, PG. 127 O.R. NI IN _ 2 Q4��*E�AANO A��F 54 o f t o �-� A14 V�,Vv� EXP. 31 DEC 09 -f LEGEND *T 0 CAS FO¢e,\ C� TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 446.6 SO. METERS (0.0447 HECTARES) TABULATED CURVE DATA CURVE I DELTA I RADIUS I LENGTH P.O.B. POINT OF BEGINNING Cl 175'40'29-1 10.000 m 1 13.208 M- CI CITY OF PALM SPRINGS PAR, NO. C2 1 515-59" 45.724 m 1 4.203 m DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : CI-15 OTHERWISE NOTED, MULTIPLY DISTANCES PREPARED 6Y: KA/MH BY 0.99997406 TO OBTAIN GROUND LEVEL DISTANCES, TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 8-13-08 ISHEET 1 OF 1 SHEET DOC # 2009-0491794 09/22/2009 08:00R Fee:NC Page 1 of 9 RECORDING REQUESTED BY Recorded in Official Records County of Riverside Orange Coast Title Larry W. Ward Assessor, County Clerk & Recorder At nE JmesOThhompsoRDED ETURN TO; I IIIII ��III III City Clerk I I tl 1111111111111111111111111111111111 CITY OF PALM SPRINGS 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 $ R ll PAGE SIZE OA MISC LONG RFC COPY Exempt from recording charges GIt under Government Code§6103 M A L 465 426 PCOR NCOR SMF NC �G G M 12.3081103008\001PG\COjw - (� N�_�`bo PROJECT: I/10 — Indian Avenue Interchange THIS C0=0EN T FILED F RECORD IJ BY ORFPIGE COAST TITLE COMPANY E PARCEL: CI-15 AS AN ACCONIMCDATION ONLY.IT HAS NOT BEEN EXAMINED AS TO ITS APN; 666-370 005 EXCCUTION OR AS To rrs EFFECT UPOti THE TITLE- TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Grantor' herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ("Grantee" herein), and its successors and assigns, A Temporary Non-exclusive Construction Easement for construction of a road improvement project by the Grantee (the "Road" herein), in, on, and along the real property situated in the City of Palm Springs, County of Riverside, State of California, identifying a portion or portions of Assessor's Parcel Number 666-370-005 referenced as Parcel CI-15 and described on Exhibits "A" and "S" attached hereto and made a part hereof. Subiect to: Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed"): 1. The temporary construction easement, used during construction of the project consists of approximately four thousand eight hundred seven (4,807) square feet referenced as Parcel CI-15 and described on Exhibits "A" and "B attached hereto and made a part hereof- 2- The rights granted herein may be exercised for twenty four (24) months commencing on the date that the thirty (30) day written notice by City is delivered to Grantor in accord to the notice provision herein, and concludes at the end of four months of the grant of the easement, or the conclusion of the project, whichever shall be later. 3. The rights granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials i PROJECT: I/10 — Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 thereon by Grantee, or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Road. Grantee agrees not to damage Grantor's property in the process of performing such activities. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the Grantee at all times during the term of this Easement. 5. At the expiration of the Temporary Construction Easement term, Grantee shall quitclaim its interest in such property to Grantor or Grantor's successor. 6. It is mutually understood and agreed by and between the parties hereto that the right to enter upon and use Grantor's'land includes the right to remove and dispose of real and personal property located thereon. 7. Grantor shall be held harmless from all claims of third persons arising from the use by Grantee of Grantors' land. 8. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 9. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor: LAKHWINDER SINGH TURNA 7590 Fairway Drive Yucca Valley, CA 92284 If to City: COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn-Avenue Riverside, California 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955-4822 Fax: (951) 955-4837 E-mail address: JRForce@rc-facilities.org With a Copy To: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323-8253 Fax: (760) 322-8325 E-mail address: Marcus.Fuller@palmsprings-ca.gov 2 PROJECT: 1/10-- Indian Avenue Interchange PARCEL: CI-15 APN: 666-370-005 Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 10. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 11. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated 3n VD kzq contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 12. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns. 13. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 15. Grantor, their assigns and successors in interest shall be bound by all the terms and conditions contained in this Deed, and all the parties thereto shall be jointly and severally liable thereunder. 16. Time is of the essence of this Deed. Failure to comply with any requirement, including but not limited to any time requirement, of this Deed shall constitute a material breach of this Deed. 17. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this 3 PROJECT: 1/10 — Indian Avenue In PARCEL: CI-15 APN: 666-370-005 Deed or in connection with the Easement Area, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. GRANTOR: Dated: SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY - p BY: Lakhwinder Singh Turna, President CITY OF PALM SPRINGS, a municipal corporation APPROVED BY CITY C00CIL 6y:-��.. � cam'" I�r � q` •9���0 David H. Ready, City M�paa ATTEST: f� By: es Thompson, City Clerk APPROVED AS TO FORM: WO UFF, SPRIOPADL SNIA By: 7 bou s C. H&bpd Esq., City Attorney 4 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF EuarStou ) On I it—a(2a c `( before me, Lz t~ Notary Public, personally appeared tog4j.IRA Aew vw VIQ who proved to me on the basis of satisfactory evidence be the person(s) whose names) is/aye subscribed to the within instrument and acknowledged to me that he/sire/tWy executed the same in his/l}er/their authorized capacity(iqiO, and that by his/Wr/thir signature(�Ton the instrument the person(s), or the entity upon behalf of which the persona) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CANDICE E.ETTER WITNESS my hand a official seal. o Comm. #1792098 z z _ Notary Public•California o Riverside County L(JI \ My Comm.EN uesFeb.25 2012 Signature My Commission Expires: �f(7 �I o 2_UI L rhis area for official notarial seal PAL/v �OF S,e�' II _ 0 City of Palm Springs * Office of the City Clerk "ooyarc�' 3�200 E. T1hquIn,Canyon Way • Palm Springs, Cah Fornia 92262 C'q<1F0kN\P Tcl: (760) 323-S204 • Fax- (760) 322-3332 • Web. www.palmspringa-c.i.gov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" �APN: 666-370-005 dated: January 20, 2009, from, SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPA14Y Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted byithe City Clerk of said City of Palm Springs, on this 28�h day of January, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 imade on the 16th day of January, 2002, and the Grantee consents to recordation'thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 28th day of January, 2009. MESTHOMPSON City Clerk Posy. Office Box 2743 Palm Springs, California 92263-2743 EXHIBIT"A„ INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CIA5 A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES IN AND TO THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY 29, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN AVENUE AS SHOWN ON CALTRANS MAP NUMBER 404563, ON FILE IN THE RIVERSIDE COUNTY SURVEYOR'S OFFICE AS FILED MAP NUMBER 204-484; THENCE ALONG SAID CENTERLINE OF 20TH AVENUE NORTH 0°23'14" EAST 29,869 METERS; THENCE LEAVING SAID CENTERLINE S.89036'46"E., 12.192 METERS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOK 1808, PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE (12.192 METER HALF WIDTH)AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86, PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE N.00023'14"E., 36.909 METERS; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE S.89036'59"E., 5.00D METERS; THENCE S.00°23'14"W., 37.098 METERS TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A 10.000 METER RADIUS; THENCE ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 75-40'29", AN ARC LENGTH OF 13 208 METERS; THENCE S.75017'15"E., 1.472 METERS; THENCE S.89036'33"E., 47,021 METERS TO A LINE THAT IS PARALLEL WITH AND DISTANT 73,152 METERS EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID WEST HALF OF SECTION 14; THENCE ALONG SAID PARALLEL LINE S.00°23'14"W, 5.193 METERS TO A POINT ON THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF 20TH AVENUE (NORTH FRONTAGE ROAD)(WIDTH VARIES), SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A 45.724 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS N.05039'26"E., THENCE WESTERLY ALONG SAID BOUNDARY, SAID RIGHT-OF-WAY, AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 5015'59", AN ARC LENGTH OF 4,203 METERS; THENCE CONTINUING ALONG SAID BOUNDARY AND RIGHT-OF-WAY N.89036'33"W., 41.535 METERS; Page 1 of 2 EXHIBIT"A" INDIAN AVENUE TEMPORARY CONSTRUCTION EASEMENT PARCEL CI-15 THENCE LEAVING SAID BOUNDARY AND RIGHT-OF-WAY N.44°36'39"W., 21.554 METERS TO THE TRUE POINT OF BEGINNING. THE ABOVE-DESCRIBED EASEMENT IS TEMPORARY AND SHALL EXPIRE ON the last day of ihp 24 h month f ]I owing the givina of no i OR AT COMPLETION OF CONSTRUCTION, WHICHEVER OCCURS FIRST. IT IS UNDERSTOOD THAT UPON SAID TERMINATION DATE THE COUNTY OF RIVERSIDE HAVE NO FURTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SAID EASEMENT, CONTAINING 446.E SQ..METERS, 4�807.4 SQUARE FEET, MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BIY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002594 TO OBTAIN GROUND DISTANCES. MICH EL A. HAVENER, PLS 7354 DATE EXP. 12-31-09 U No.7364 THIS DOCUMENT RENEWED BY 9�FaF CA��F�¢�• RIVERSIDE COUNTY/SURVEYOR. BY., l+��\ DATE: Page 2 of 2 EXHIBIT r' B " TEMPORARY CONSTRUCTION EASEMENT 12.192 m S 89'36'59° E I 5.000 m i FITS DOCUMENT REVIEWED BY 9 RIVERSIDE COUNTY SURVEYOR, r sy: �> I 4� R/W LINE PER DEED I DA"E: 07 W ttl tt� .� E REC, 8/02/32 IN L E E BK. 86, PG. 92 O.R. Zrn o 73.152 m �l� tt� w p 0�3. �IJ l21 =� 22 „� APN 666-370-005 r c� E1� N � v �� r :JrC 14 1 r m z / ; �PARCELr r Q __� ui cn C l TIP10'.B. �s �,I/iF S 89,36,3a E 67 r121 m �� ■ 1 N'LY COR, ER jsl� PAR. "A" P /y C) OEED TO STATE 'dY- `� OF CALIFORNIA N 89"36'33" W 41.536 m J \ n REC. 10/18/55 ;4 BOUNDARY OF PAR. "A" a t IN BK. 1808 w l c3 I w c PG. 127 O.R, PER DEED REC. 10/18/55 20 IN 8K. 1808, PG. 127 O.R. cnvl IN +` E� GANpS.� �� +1 �S F,l. A E,HqG LF q T AVE/vv� tiFL =I la P.p.C. CENTERLINE INTERSECTION PER EXP. 31 DEC 09 CALTRANS MAP N0. 404563 (CO. SURVEYOR MAP 204-484) TqT LEGEND F of Ch, +-\ TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 446.6 SO. METERS (4,807.4 SQUARE FEET) TABULATED CURVE DATA CURVE I DELTA I RADIUS LENGTH P.O.C. POINT OF COMMENCEMENT Cl 175-40-29"1 10.000 m 13.208 m T.P.D.B. POINT OF BEGINNING C2 515'S9° 1 45.724 m 4.203 m DISTANCES ARE IN METERS UNLESS COUNTY OF RIVERSIDE PAR. NO. : CI-15 OTHERWISE NOTE-D. MULTIPLY DISTANCES PREPARED BY. KA/MH BY 1.00002594 TO OBTAIN GROUND PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCAUe NOT TO SCALE DISTANCES, DATE; 7-16 09 SHEET 1 OF 1 SHEET RECORDING REQUESTED BY. ORANGE COAST TITLE COMPANY DOC # 2009-0447569 08/27/2009 08:00A Fee:NC WHEN RECORDED MAIL TO: Pagc 1 of 3 Recorded in Official Records CITY CLERK CITY OF PALM SPRINGS County of Rivcrside 3200 E. TAHQUITZ CANYON WAY Larry W. Ward PALM PRINGS, CA 92262 Assessor, County CIcrk & Recorder ATTN:SJAMESTHOMPSON �11111111111111111111111111111111111111111111111111111! EXEMPT FROM RECORDING CHARGES S R U PAGE SIZE DA MISC LONG RFD COPY UNDER GOVERNMENT CODE §6103 ` f tM M 5 A L 46 426 PCOR NCOR T. CTY I UNI APN: 666-370-005 TRA: 061-105 034 ESCROW NO. 202470-2796 ORDER NO. 140-854697-66 GRANT OF EASEMENT DEED (Title of Document) RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attn: James Thompson City Clerk CITY OF PALM SPRINGS 3200 E.Tahgwtz Canyon Way Palm Springs, CA 92252 12.308k103008\001P SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording charges under Government Code § 6103 GRANT OF EASEMENT DEED APN: 666-370-005 This transfer is exempt from Documentary Transfer Tax pursuant to Revenue &Taxation Code § 11922. THE UNDERSIGNED SELLER DECLARES: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOINIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, hereby GRANTS to: CITY OF PALM SPRINGS, a municipal corporation, an easement for public road and(!drainage purposes, including public utility and public services purposes, over, upon, across, and within the real property in the County of Riverside, State of California, more particularly set forth on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. TOGETHER with: 1. All tenements, hereditaments and appurtenances, including easements and water rights, if any, thereto belonging or appertaining, and any reversions, remainders, rents, issues or profits thereof; and 2. All rights, title, and interests of Seller in and under all covenants, conditions, restrictions, reservations, easements, and other matters of record, including, without limitation, all rights as "Declarant" under any Declarations of Covenants, Conditions and Restrictions ("Declarations") of record. SAID GRANT BEING FURTHER SUBJECT TO: 1. General and special real property taxes for the current fiscal year and all later years. 2. All assessments imposed by a duly empowered governmental entity, whether or not of record. 3. Any and all declarations, covenants, conditions, restrictions, easements, reservations (including, but not limited to, reservations and exceptions to the mineral estate), rights, and rights of way of record. Date: _ '�Ztrfi SONIKA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: I�t�=��dl.s� ' Lakhwinder Singh Turna, President ACKNOWLEDGEMENT STATE OF CALIFORNIA ) (n� � COUNTY OF 1 WeVS ) ss. I �P ) On 1h�2Ud"I , before me, U�V1Gl t(P G I"I^t 1 Notary Public, personally appeared V1 e - Il1 who proved to me on the basis of satisfactory eviden e to be the person(s-) whose name( is/fie subscribed to the within instrument and acknowledged to me that he/sl /tl�y executed the same in his/hprr/them authorized capacity(iifi , and that by his/4,6r/their signature(<on the instrument the person(*, or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ITNESS my hand official seal. GANG CEE.ETTfgo COMM. #1792098x - Notary Public,Californiaz RiverNde County ure M Comm.Ex w r8 26,2n12 My Commission Expires' tCb Zir . 27 lZ This area for official notarial seal pF PAt� SAr �^ = City of Palm Springs Office of the City Clerk 3200 E.Tahqui=z Canyon Way • Palm Springs, California 92262 C'11I PO R�`P Tel! (760) 323-8204 • h= (760)322-8;32 • Wrb www.palmspringe-('a -,ov CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT OF EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN, 666-330-370-005 dated: January 20, 2009, from, SONIKA, LLC A CALIFORNIA LIMITED LIABILITY COMPANY Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 4ch day of March, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm.Springs, California, this 20`h day of March, 2009. �/JAMES THOMPSON (/// City Clerk Post Office Box 2743 • Palm Springs, California 92263-2743 EXHIBIT"A" INDIAN AVENUE PUBLIC ROAD AND UTILITY EASEMENT PARCEL CO-2 THAT PORTION OF THE WEST HALF OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL FEBRUARY129, 1856, MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING AT THE CENTERLINE INTERSECTION OF 20TH AVENUE AND INDIAN AVENUE AS SHOWN ON CALTRANS MAP NUMBER 404563, ON FILE IN THE RIVERSIDE COUNTY SURVEYOR'S OFFICE AS FILED MAP NUMBER 204-484; THENCE ALONG SAID CENTERLINE OF 20TH AVENUE N.0023'14"E., 29.869 METERS; THENCE LEAVING SAID CENTERLINE S.89°36'46"E., 12,192 METERS TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS PARCEL"A" IN DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 18, 1955 IN BOOK 1808, PAGE 127 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING THE TRUE POINT OF BEGINNING, SAID MOST NORTHERLY CORNER BEING ON THE EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE (121192 METER HALF WIDTH) AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED AUGUST 2, 1932 IN BOOK 86, PAGE 92 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE S.44°36'39"E., 21,554 METERS TO A POINT ON THE BOUNDARY OF SAID STATE OF CALIFORNIA PARCEL BEING ON THE NORTHERLY RIGHT-OF-'JAY LINE I OF 20TH AVENUE ri f DT ' VARIES), SAM POINT BEING THE SOUTHEASTERLY END OF THAT CERTAIN 50 FOOT RADIUS CURVE DESCRIBED PER SAID DEED, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A 15241 METER RADIUS, A RADIAL LINE FROM SAID POINT BEARS S.00°23'27"W.,II THENCE NORTHWESTERLY ALONG SAID BOUNDARY AND SAID NORTHERLY RIGHT-OF- WAY LINE OF 20TH AVENUE AND SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 89059'47", AN ARC LENGTH OF 23.940 METERS TO SAID EASTERLY RIGHT-OF- WAY LINE OF INDIAN AVENUE AND THE TRUE POINT OF BEGINNING. CONTAINING 66.3 SQ. METERS, (713-6 SQUARE FEET), MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES m SHOWN BY 1,00002594 TO OBTAIN GROUND DISTANCES- Bab ca� II A. `y f MIC AEL A. HAV NER, PLS 7364 DATE 12/31A) EXP. 12-31-09 �� No.7354 .Q or CA_\F Page 1 of 1 7LA HIBIT " B �� C ROAD AND UTILITY EASEMENT { I -NIt S DOCUMENT{ EV7EVVED BY 4 ik R-1VERSYDE COUNTY SURJF1fOR. ' ' 7-1 i I BY;.(L4I f C)N+M�:ER GEED/32 IN. 92 O.R.. I�►,.� APN 666-37D-005 (J�i `�`J -J/r� c� E77 ��n 14 N 4 r) M f] !I r Q C1 Ltl In N'LY COR. Q �7 PAR. "A" PER ;C-],Dr,,LFJ)')v], L� DEED TO STATE Z� OF CALIFORNIA — — — — REC. 10/18/55 LL IN BK. 1808 L� `ram PG. 127 D.R. PARGFI CC-2 w 2#�A9A�, c � P BOUNDARY OF PAR. "A" PER DEED REC. 10/18/55 IN BK. 1808, PG. 127 O.R. ®rH N; A VE/VtUE P.o.c. LAND SU CENTERLINE INTERSECTION PER w�ypE4 A. Nq Rye CALTRANS MAP NO. 404563 �o �� �Fy o (CO. SURVEYOR MAP 204-454) LEGEND PUBLIC ROAD AND UTILITY EASEMENT EXP. 31 DEC 09 AREA = 66,3 SQ. METERS (713.6 SQ. FT.) * P T�9p No. 735b` P.O.C. POINT OF COMMENCEMENT F OF CALF T.P'0.8. TRUE POINT OF BEGINNING COUNTY OF RIVERSIDE IDE PAR. N0. : CO-2 DISTANCES ARE IN METERS UNLESS PREPARED BY: KA/MH OTHERWISE NOTED. MULTIPLY DISTANCES BY 1,00002594 TO OBTAIN GROUND PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE DISTANCES. GATE: 7-16-09 SHEET 1 OF 1 SHEET